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HomeMy WebLinkAboutR-2002-021 Wastewater Facilities Plan - Draft October 2000 - PART 2Cit3r of Yakima Wastewater Facilities flan APPENDICES October 2000 prepared by HDR Engineering, Inc. Prepared for City of Yakima, Washington Appendix A NPDES Permit WDOE Worksheet • • • Page 1 of 51 Permit No.: WA -002402-3 Issuance Date: September 8, 1997 Effective Date: October 1, 1997 Expiration Date: June 30, 2002 ONATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WASTE DISCHARGE PERMIT State of Washington DEPARTMENT OF ECOLOGY Olympia, Washington 98504-7600 In compliance with the provisions of The State of Washington Water Pollution Control Law Chapter 90.48 Revised Code of Washington and The Federal Water Pollution Control Act (The Clean Water Act) Title 33 United States Code, Section 1251 et seq. City of Yakima 129 North 2nd Street Yakima, WA 98901 Plant Location: 2220 East Viola, Yakima, WA 98901 Water Body I.D. No.: WA -37-1040 Plant Type: Class IV, industrial waste sprayfield, grit removal, primary clarifiers, trickling filters, activated sludge, secondary clarifiers, anaerobic digestion, chlorination and dechlorination. Receiving Water: Yakima River NPDES Discharge Location: Latitude: 46° 34' 47" N Longitude: 120° 27' 52" W Sprayfield Discharge Location: Latitude: 46° 34' 44" N Longitude: 120° 27' 56" W is authorized to discharge in accordance with the special imd genet., conditions which follow. 'ff Robert F. Barwin Section Manager Central Regional Office Washington State Department of Ecology Page 2 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 TABLE OF CONTENTS Page SUMMARY OF SUBMITTALS* 6 SPECIAL CONDITIONS 8 S1. EFFLUENT LIMITATIONS 8 A. Effluent Limitations 8 1. To Yakima River 8 2. To Industrial Waste Sprayfield 9 B. Mixing Zone Descriptions 10 S2. MONITORING REQUIREMENTS 10 A. Monitoring Schedule 10 2. Final Effluent 11 B. Sampling and Analytical Procedures 12 C. Flow Measurement 13 • D. Laboratory Accreditation 13 S3. REPORTING AND RECORDKEEPING REQUIREMENTS 13 A. Reporting 13 B. Records Retention 14 C. Recording of Results 14 D. Additional Monitoring by the Permittee 15 E. Signatory Requirements 15 S4. FACILITY OVERLOADING 16 A. Design Criteria 16 1. Main Treatment Plant 16 2. Industrial Waste Sprayfield 16 B. Plan for Maintaining Adequate Capacity 16 C. Notification of New or Altered Sources 18 D. Infiltration and Inflow Evaluation 18 S5. OPERATION AND MAINTENANCE 19 A. Certified Operator 19 B. O&M Manual 19 C. O&M Program 20 D. Short -Term Reduction in Treatment 20 E. Electrical Power Failure 20 Page 3 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 S6. CONSTRUCTION OR MAINTENANCE -RELATED OVERFLOW OR BYPASS 20 S7. RESIDUAL SOLIDS 21 S8. PRETREATMENT 22 A. General Requirements 22 B. General Prohibitions 22 C. Specific Prohibitions 23 D. Requirements for Managing Industrial Users 24 1. Determination of Significant Industrial Users 24 2. Determination of Minor Industrial Users 25 3. Determination of Insignificant Industrial Users 25 4. Notification Conditions as Relating to Significant Industrial Users 25 5. Conditions for Accepting Wastewater Discharges from Significant Industrial Users26 6. Enforcement of Sewer Use Ordinances 27 7. Inspection of Industrial Users 27 8. Slug Loading Control Plans 28 9. Notification of Dischargers of New Pretreatment Requirements 28 E. Notification of Industrial User Violations 28 F. Delegated Pretreatment Program 29 1. Sewer Use Ordinance 29 2. Interlocal Agreements 30 3. Local Limits 30 4. Industrial User Survey 30 G. Annual Pretreatment Program Report 31 S9. WET TESTING - ACUTE TOXICITY 31 A. Effluent Limit Compliance Monitoring 31 1. General Requirements 31 2. Reporting Requirements 32 3. Protocols 33 B. Response to a Failed Test with an Effluent Limit 33 1. General Requirements 33 2. Reporting Requirements 35 3. Protocols 36 C. Requirements for all Acute WET Tests 36 S10. WET TESTING - CHRONIC TOXICITY 37 A. Effluent Limit Compliance Monitoring 37 1. General Requirements 37 • 2. Reporting Requirements 38 3. Protocols 39 Page 4 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 B. Response to a Failed Test with an Effluent Limit 39 1. General Requirements 39 2. Reporting Requirements 40 3. Protocols 41 C. Requirements for all Chronic WET Tests 41 S11. SPRAYFIELD ENGINEERING REPORT 43 A. General Requirements - 43 B. Sprayfield Operation and Maintenance Plan 43 C. Industrial Waste Pretreatment Analysis and Plan 44 S12. ADDITIONAL CHEMICAL ANALYSIS OF EFFLUENT AND RECEIVING WATER 44 A. General Requirements 44 B. Monitoring Requirements 44 C. Reporting Requirements 46 D. Protocols and Quality Assurance/Quality Control Procedures 46 GENERAL CONDITIONS 47 • Gl. DISCHARGE VIOLATIONS 47 G2. PROPER OPERATION AND MAINTENANCE 47 G3. REDUCED PRODUCTION FOR COMPLIANCE 47 G4. NONCOMPLIANCE NOTIFICATION 47 G5. BYPASS PROHIBITED 48 G6. RIGHT OF ENTRY 49 G7. PERMIT MODIFICATIONS 49 G8. PERMIT MODIFIED OR REVOKED 49 G9. REPORTING A CAUSE FOR MODIFICATION 50 G10. TOXIC POLLUTANTS 50 G11. PLAN REVIEW REQUIRED 50 G12. OTHER REQUIREMENTS OF 40 CFR 51 Page 5 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 G13. COMPLIANCE WITH OTHER LAWS AND STATUTES 51 G14. ADDITIONAL MONITORING 51 G15. REVOCATION FOR NONPAYMENT OF FEES 51 G16. REMOVED SUBSTANCES 51 G17. DUTY TO REAPPLY 51 • • Page 6of51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 SUMMARY OF SUBMITTALS* Permit Section Submittal Frequency First Submittal Date S3.A. Discharge Monitoring Report Monthly, no later than the 15th day of the month following the completed reporting period. November 15, 1997 S4. D . Infiltration and Inflow Evaluation Report annually January 1, 1998 S5 . B . Updated Operation and Maintenance Manual 1 /permit cycle January 1, 2001 S8.F. Application for Complete Pretreatment Program Delegation 1/permit cycle July 1, 2000 S8.F.1. Sewer Use Ordinance 1/permit cycle July 1, 2000 S8.F.2. Determination of Adequacy 1/permit cycle July 1, 2000 M S8.F.3. Local Limits Report 1/permit cycle July 1, 2000 S8.E.4. Industrial User Survey 1/permit cycle July 1, 2000 S8.G. Annual Pretreatment Program Report annually April 1, 1998 S9.A.2. Acute WET Compliance Monitoring Data Report 1/every other month (bimonthly) Within sixty (60) days after the effective date of this permit, and thirty (30) days following each subsequent acute WET compliance monitoring sampling event, except the last sampling event required by this permit. S9.A.2. Acute WET Compliance Monitoring Summary Report 1/permit cycle Sixty (60) days following the last acute WET compliance monitoring sampling event, and prior to the expiration date of this permit. • Page 7 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 Permit Section Submittal Frequency First Submittal Date S10.A.2. Chronic WET Compliance Monitoring Data Report 1/every other month (bimonthly) Within sixty (60) days after the effective date of this permit, and thirty (30). days following each subsequent chronic toxicity. compliance monitoring sampling event, except the last sampling event required by this permit. S10.A.2. Chronic WET Compliance Monitoring Summary Report 1/permit cycle Sixty (60) days following the last chronic toxicity compliance monitoring sampling event, and prior to the expiration date of this permit. Si1. A. Sprayfield Engineering Report 1/permit cycle July 1, 1999 fS 12 . C . Additional Chemical Analysis of Effluent and Receiving water Sampling and Quality Assurance Plan 1/permit cycle January 1, 1998 S 12 . C . First Year Effluent Sampling Report 1 /permit cycle April 1, 1999 S12 . C . Second Year Effluent and Receiving Water Sampling Report 1/permit cycle April 1, 2000 G17. Application for Permit Renewal 1/permit cycle December 1, 2001a * Refer to the Special and General Conditions of this permit for additional submittal requirements. a 180 days prior to permit expiration. • Page 8 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 SPECIAL CONDITIONS S1. EFFLUENT LIMITATIONS A. Effluent Limitations 1. To Yakima River Beginning on the effective date of this permit and lasting through its expiration date, the Permittee is authorized to discharge treated wastewater to the Yakima River at the permitted location subject to the following limitations: EFFLUENT LIMITATIONS': OUTFALL # 001 Parameter Units Monthly Average Weekly Average Daily Maximum Biochemical Oxygen Demand (5 -day)° mg/L; (lbs/day) 30; (4,905) 45; (7,358) N/A Total Suspended Solids° mg/L; (lbs/day) 30; (5,250) 45; (7,875) N/A Fecal Coliform Bacteria #colonies/100 ml 200 400 N/A pH Standard Units shall not be outside the range of 6.0 to 9.0` Ammonia, Total mg/L as N 4.16 N/A 12.3 Chlorine, Total Residual mg/L 0.012 N/A. 0.029 a The monthly and weekly average effluent limitations are based on the arithmetic mean of the samples taken with the exception of fecal coliform bacteria, which is based on the geometric mean. The Permittee should note that there also are additional effluent limits in Condition S9. WET Testing - Acute Toxicity, and in Condition S10. WET Toxicity - Chronic Toxicity. ° The monthly average effluent concentrations for BODS and TSS shall not exceed 30 mg/L or fifteen percent (15 %) of the respective monthly average influent concentrations, whichever is more stringent. c Indicates the range of acceptable values. Any excursions below 6.0 and above 9.0 standards units are violations of this permit's effluent limitations. • • Page 9 of 51 Permit No.: WA -002402-3. Expiration Date: June 30, 2002 2. To Industrial Waste Sprayfield a. Interim Limitations Beginning on the effective date of this permit and lasting through June 30, 2001, the Permittee is authorized to discharge treated wastewater to the permitted location, at the Industrial Waste Sprayfield, subject to the following limitations: EFFLUENT LIMITATIONS: OUTFALL # 002 Parameter Units Daily Maximum Flow mgd 0.75 b. Final Limitations Beginning on July 1, 2001 and lasting through the expiration date of this permit, the Permittee is authorized to discharge treated wastewater to the permitted location, at the Industrial Waste Sprayfield, subject to the following limitations: EFFLUENT LIMITATIONSa: OUTFALL # 002 Parameter Units Yearly Average Monthly Average Weekly Average Daily Maximum Flow mgd TBDD TBD TBD TBD Biochemical Oxygen Demand (5 -day) mg/L; (lbs/day) TBD; TBD TBD; TBD TBD; TBD TBD; TBD Total Suspended Solids mg/L; (lbs/day) TBD; TBD TBD; TBD TBD; TBD TBD; TBD Total Coliform Bacteria #colonies/100 ml TBD TBD TBD TBD TKN mg/L as N TBD TBD TBD TBD pH Standard Units TBD a The monthly and weekly average effluent limitations are based on the arithmetic mean of the samples taken with the exception of Total Coliform Bacteria, which is based on the geometric mean. ° TBD means "to be determined" by the Washington State Department of Ecology prior to the expiration date of this permit, and based on the Sprayfield Engineering Report (Condition S11. of this permit). The limits may be set by an Administrative Order. Page 10 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 B. Mixing Zone Descriptions The maximum boundaries of the mixing zones are defined as follows: The length of the chronic and acute mixing zones shall extend downstream no greater than 310 feet and 31, respectively. The width of the chronic and acute mixing zones shall be no more than 50 feet wide. 'The aquatic life -based dilution factors for the chronic and acute mixing zones were determined to be 6.61 and 1.51, respectively. Such boundaries shall be in effect unless different dilution factors are approved by the Washington State Department of Ecology (Department). S2. MONITORING REQUIREMENTS A. Monitoring Schedule 1. Wastewater Influent Beginning on the effective date of this permit and lasting through its expiration date, the Permittee shall monitor its POTW municipal wastewater influent in strict accordance with the following schedule: Category Parameter Units Minimum Sampling Frequency Sample Type Wastewater Influent` BOD5 mg/L 3/week` 24 -hr. composite Wastewater Influent BOD5 lbs/day 3/week Calculation Wastewater Influent TSS mg/L 3/week 24 -hr. composite Wastewater Influent TSS lbs/day 3/week Calculation Wastewater Influent Flow mgd Continuous , Measurement ' "Wastewater Influent" means raw sewage from the municipality which enters the headworks of the POTW. 2 "3/week" means three (3) times during each calendar week and on a rotational basis throughout the days of the week. s "24 -hr composite" means a series of, at least, four (4) individual grab samples collected over a 24-hour period at selected intervals based on an increment of either flow or time ,and combined into a single container to be subsequently analyzed as one sample. "Calculation" means figured concurrently with respective sample. • Page 11 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 2. Final Effluent Beginning on the effective date of this permit and lasting through its expiration date, the Permittee shall monitor its POTW final effluent in strict accordance with the following schedule: Category Parameter Units Minimum Sampling Frequency Sample Type Final Effluent' Alkalinity mg/L as CaCO3 1/month' 24 -hr composite Final Effluent Ammonia, Total mg/L as N 3/week4 24 -hr. composite Final Effluent BOD5 mg/L 3/week 24 -hr. composite Final Effluent BOD5 lbs/day 3/week ' Calculation' Final Effluent BOD5 % removal Monthly° Calculation Final Effluent Chlorine, Total Residual mg/L 3/week Grab' Final Effluent Dissolved Oxygen mg/L 3/week Grab Final Effluent Fecal Coliform Bacteria #colonies/100 3/week Grab Final Effluent Hardness mg/L as CaCO3 1/month 24 -hr. composite Final Effluent pH Standard Units 3/week Grab Final Effluent Temperature °C 3/week Grab Final Effluent TSS mg/L 3/week 24 -hr. composite Final Effluent TSS lbs/day 3/week Calculation Final Effluent TSS % removal Monthly° Calculation Final Effluent Acute WET Compliance Monitoring Testing As specified in Condition S9. of this permit Final Effluent Chronic WET Compliance Monitoring Testing As specified in Condition S10. of this permit ' "Final Effluent" means wastewater which is exiting, or has exited, the last POTW treatment operation. 2 " 1/month" means once every calendar month, including weekends and holidays, and on a rotational basis throughout the weeks of the month. 3 "24 -hr composite" means a series of, at least, four (4) individual grab samples collected over a 24-hour period at selected intervals based on an increment of either flow or time, and combined into a single container to be subsequently analyzed as one sample. 4 "3/week" means three (3) times during each calendar week and on a rotational basis throughout the days of the week. 5 "Calculation" means figured concurrently with respective sample. 6 "Monthly" means a calculation made at the end of each calendar month based upon the respective monthly average influent and effluent concentrations. ' "Grab" means an individual sample collected in less than fifteen (15) minutes. • • Page 12 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 3. Wastewater Applied to Industrial Waste Sprayfield Beginning on the effective date of this permit and lasting through its expiration date, the Permittee shall monitor the wastewater applied to the POTW's Industrial Waste Sprayfield in strict accordance with the monitoring schedule set forth in Appendix C of the most recent Department -approved version of the Sprayfield Operation and Maintenance Plan, as specified in Condition S11. of this permit. 4. Industrial Waste Sprayfield Ground Water Monitoring Wells Beginning on the effective date of this permit and lasting through its expiration date, the Permittee shall monitor all of the Industrial Waste Sprayfield groundwater monitoring wells in strict accordance with the monitoring schedule set forth in Appendix C of the most recent Department -approved version of the Sprayfield Operation and Maintenance Plan, as specified in Condition S11. of this permit. 5. Industrial Waste Sprayfield Soils Beginning on the effective date of this permit and lasting through its expiration date, the Permittee shall monitor the conditions of the Industrial Waste Sprayfield soil in strict accordance with the monitoring schedule set forth in Appendix C of the most recent Department - approved version of the Sprayfield Operation and Maintenance Plan, as specified in Condition S11. of this permit. B. Sampling and. Analytical Procedures The Permittee shall ensure that all samples and measurements taken to meet the requirements of this permit are representative of the volume and nature of the monitored parameters. Such samples and measurements shall also include representative sampling of any unusual discharge or discharge condition including, but not limited to, the following: bypasses, upsets and maintenance - related conditions. The Permittee shall also ensure that all sampling and analytical methods used to meet the water and wastewater monitoring requirements specified in this permit conform to the latest revision of the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136, or to the latest revision of Standard Methods for the Examination of Water and Wastewater • Page 13 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 (APHA), unless otherwise specified in this permit or approved in writing by the Department. C. Flow Measurement The Permittee shall select and use appropriate flow measurement devices and methods which are consistent with accepted scientific practices to ensure the accuracy and reliability of measurements of the quantity of monitored flows. Such devices shall be properly installed, calibrated, maintained and operated to ensure that the accuracy of the measurements are consistent with the accepted industry standard for those types of devices. Frequency of calibration for the measurement devices shall be, at least, once per year and shall otherwise conform with the manufacturer's recommendations for those types of devices. D. Laboratory Accreditation The Permittee shall have all monitoring data required by this permit be prepared by a laboratory registered or accredited under the provisions of Accreditation of Environmental Laboratories, Chapter 173-50 WAC. Flow, temperature, settleable solids, soluble iron, and internal process control parameters are exempt from this requirement. Conductivity and pH are exempt from this requirement, only if the laboratory is not otherwise registered or accredited. Soils and hazardous waste data are exempted from this requirement pending accreditation of laboratories for analysis of these media by the Department. S3. REPORTING AND RECORDKEEPING REQUIREMENTS The Permittee shall monitor, at a minimum, and report all of those parameters specified in Condition S2. of this permit in accordance with the terms and conditions contained in this permit. The falsification of information submitted to the Department shall constitute a violation of the terms and conditions of this permit. A. Reporting The first monitoring period begins on the effective date of this permit. The Permittee shall submit monthly to the Department those monitoring data obtained during the previous month. The monitoring data shall be summarized and reported on a form provided, or otherwise approved, by the Department. Monitoring reports shall be received, by the Department, no later than the 15th day of the calendar month immediately following the completed reporting • • • Page 14 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 period, unless otherwise specified in this permit. The monitoring reports shall be sent to: Washington State Department of Ecology Central Regional Office 15 West Yakima Avenue Suite 200 Yakima, Washington 98902-3401 In addition to the monthly report, a monthly summary report form (EPA No. 3320-1) shall be received, by the Department, no later than the 15th day of the calendar month immediately following the completed reporting period. This summary report shall be limited to only those parameters specified in Condition Si. A.1. of this permit. B. Records Retention The Permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three (3) years. The Permittee shall retain for a minimum of five (5) years all records pertaining to the monitoring of sludge. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requested by the Director. C. Recording of Results For each measurement or sample taken, the Permittee shall record the following information: 1. The date, exact place, method, and time of sampling; 2. The individual who performed the sampling or measurement; 3. The dates the analyses were performed; 4. Who performed the analyses; 5. The analytical techniques or methods used; and 6. The results of all analyses. Page 15 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 D. Additional Monitoring by the Permittee If the Permittee monitors any pollutant more frequently than required by Condition S2. of this permit, then the results of such additional, monitoring shall be included in the Permittee's applicable self-monitoring reports. E. Signatory Requirements All applications, reports, or information submitted to the Department shall be signed and certified. 1. Permit Applications. All permit applications shall be signed by a ranking elected official. 2. Required Reports. All reports required by this permit and other information requested by the Department shall be signed by a person described in paragraph 1, above, or by a duly authorized representative of that person. A duly authorized representative shall only be considered to be legal if: a. The authorization is made in writing by a person described in paragraph 1, above, and timely submitted to the Department; and b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility forenvironmental matters. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) 3. Changes to Authorization. If an authorization under paragraph 2.b., above, is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of S3.E.2.b. must be submitted to the Department prior to, or together with, any reports, information, or applications which are to be signed by an authorized representative. 4. Certification. Any person signing a document under this section shall make the following certification: • Page 16 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 "I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." S4. FACILITY OVERLOADING A. Design Criteria 1. Main Treatment Plant Flows or waste loadings of the following design criteria for the permitted treatment facility shall not be exceeded: Monthly average flow (max. month): Influent BODS loading (max. month): Influent TSS loading (max. month): Population equivalent: 2. Industrial Waste Sprayfield 22.3 mgd 32,700 lbs/day 35,000 lbs/day 61,000 persons The following interim flow, stipulated by the Permittee's March 18, 1993 Letter -of -Understanding with the DelMonte Foods Plant #125, to the permitted sprayfield shall not be exceeded, until after the Sprayfield Engineering Report (Condition S11.) has been timely submitted to, and accepted by, the Department: Daily maximum: 0.75 mgd B. Plan for Maintaining Adequate Capacity The Permittee shall submit a Plan for Maintaining Adequate Capacity (PMAC) to the Department, for approval, when: • Page 17 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 1. The actual flow or wasteload exceeds eighty-five percent (85 %) of any one, or more, of the design criteria in S4.A. for three (3) consecutive months; or 2. The projected actual flow or wasteload increases would reach the facility's actual design capacity within five (5) years. The plan shall have the objective of continuing to maintain adequate capacity in the POTW, sufficient to achieve the effluent limitations, termsand conditions of this permit. Engineering documents associated with the PMAC must meet the requirements of WAC 173-240-060, Engineering Report, and be approved by the Department prior to any related construction. The plan shall specify any contracts, ordinances, methods for financing, and any other arrangements necessary to achieve the objective of the PMAC, including addressing the following actions: 1. Analysis of the POTW present design including the introduction of any process modifications that would establish the ability of the existing facility to achieve compliance with the effluent limits and other requirements of this permit. This analysis shall include, if applicable, any of the following: a. Reduction or elimination of excessive infiltration and inflow of uncontaminated ground and surface water into the POTW; b. Limitation on future sewer extensions or connections or additional wasteloads; c. Modification or expansion of the POTW necessary to accommodate increased flow or wasteload; and d. Reduction of industrial or commercial flows or waste loads to allow for increasing sanitary flow or wasteload; 2. A completely updated analysis of design loading rates, as indicated above in Condition S4.A., and percent (%) removal rates for the entire POTW, including the Industrial Waste Sprayfield; and 3. A report detailing the proposed method(s), and compliance schedule, to be employed by the Permittee to meet all final effluent limits contained in Condition Si. of this permit and, if required, the Industrial Waste Pretreatment Engineering Report. • Page 18 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 C. Notification of New or Altered Sources The Permittee shall submit, to the Department, written notification whenever any new discharge, or increase in volume or change in character of an existing discharge, into the POTW is proposed which: 1. Would interfere with the operation of, or exceed the design capacity of, any portion of the POTW; 2. Would increase the total system flow or influent waste loading by more than ten percent (10%); 3. Is not part of an approved general sewer plan or approved plans and specifications; or 4. Would be subject to pretreatment standards under 40 CFR Part 403 and Section 307(b) of the Clean Water Act. The notification shall also include an evaluation of the POTW ability to adequately transport and treat the new, or increased, volume or change in character. D. Infiltration and Inflow Evaluation The Permittee shall conduct and submit to the Department, by January 1 of each year beginning with 1998, annual Infiltration and Inflow (I/I) Evaluation reports. Refer to the USEPA publication, I/I Analysis and Project Certification, Office of Municipal Pollution Control, Washington DC, 20460. POTW monitoring records may be used to assess measurable infiltration and inflow. The I&I evaluation reports shall, at a minimum, contain: 1. A description of all activities completed since the last I/I report for reducing or mitigating excessive I/I; 2. The reduction of I/I compared to previous years (as shown in a comparison of the previous year's plant flows to most current plant flows); 3. A plan and a schedule for locating and reducing or mitigating additional sources of I/I; and 4. A plan for removing excessive I/I. • • Page 19 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 S5. OPERATION AND MAINTENANCE A. Certified Operator In accordance with Chapter 173-230 WAC, Certification of Operators of Wastewater Treatment Plants, the Permittee shall provide an adequate and certified POTW operating staff which is qualified to carry out the adequate and proper operation, maintenance, and testing activities required to ensure compliance with the terms and conditions of this permit. An operator certified for, at least, a Class IV wastewater treatment plant by the State shall be in responsible charge of the day-to-day operation of the POTW. An operator certified for, at least, a Class III wastewater treatment plant by the State shall be present at the POTW during all shifts when operational changes are made to the wastewater treatment process. B. O&M Manual A Department -approved up -dated Operations and Maintenance (O&M) Manual shall be kept available on-site at the Permittee's POTW at all times. The Permittee is responsible for ensuring that all operators, and other applicable employees, follow the instructions, procedures and other applicable information contained in the O&M Manual. The O&M Manual shall be reviewed by the Permittee at least annually and the Permittee shall confirm this review by written correspondence to the Department. Substantial changes or updates to the O&M Manual shall be submitted to the Department whenever they are incorporated into such manual. The O&M Manual shall, at a minimum, include: 1. Treatment plant emergency procedures in event of wastewater system upset, failure and/or bypass; 2. Treatment plant maintenance procedures; 3. The treatment plant process control monitoring schedule; and 4. A copy of the most recently updated Sprayfield Operations and Maintenance Plan (Condition S12.). An updated O&M Manual shall be submitted to the Department, for approval, by January 1, 2001 and shall be considered an integral part of the permit renewal application. • Page 20 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 C. O&M Program The Permittee shall maintain an adequate and up-to-date Operation and Maintenance (O&M) program for the POTW. O&M records shall, at a minimum, be maintained on all major electrical and mechanical components of the POTW. Such records shall clearly specify the frequency and type of maintenance recommended by the manufacturer, and shall correctly show the frequency, date and type of maintenance actually performed. .The O&M records shall, at all times, be kept on-site and available for inspection. D. Short -Term Reduction in Treatment If a Permittee contemplates a reduction in the level of treatment that would cause an exceedance of permit effluent limitations on a short-term basis for any reason, and such reduction cannot be avoided, the Permittee shall give written ti notification to the Department, if at all possible, thirty (30) days prior to such activities. The notification shall, at a minimum, detail the reasons for, length of time of, and the potential effects of the reduced level of treatment. If such a reduction involves a bypass, the requirements of Conditions G5. and S7., of this permit, apply. E. Electrical Power Failure The Permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated, or inadequately -treated (not treated in accordance with the requirements of this permit), sewage during electrical power failure at the POTW. This may be done by means of alternate power sources, a standby generator, or the retention of untreated or inadequately treated wastes. The Permittee shall continue to maintain Reliability Class 2 at the POTW which requires, at least, primary sedimentation and disinfection. S6. CONSTRUCTION OR MAINTENANCE -RELATED OVERFLOW OR BYPASS Bypasses of untreated, or inadequately treated, sewage during construction or maintenance activities shall be avoided, if at all feasible. If a construction-' or maintenance -related overflow or bypass is contemplated, the Permittee shall submit to the Department, not less than ninety (90) days prior to the contemplated overflow or bypass, a Construction- or Maintenance -Related Bypass Report which shall describe in Page 21 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 detail any construction or maintenance work which will result in overflow or bypass of wastewater. The report shall, at a minimum, contain: A. An analysis of all known alternatives which would eliminate, reduce, or mitigate the need for bypassing; B. A cost-effectiveness analysis of alternatives including comparative resource damage assessment; C. The minimum and maximum duration of bypass under each alternative; D. A recommendation as to the preferred alternative for conducting the bypass; E. The project date of bypass initiation; F. A statement of compliance with SEPA; and G. A request for a water quality modification, as provided for in WAC 173-201A- 110. For probable construction- or maintenance -related bypasses, the need to bypass shall be identified as early in the planning process as possible. The analysis required, above, shall be included, to the extent practical, in the preparation of the engineering report, facilities plan, or plans and specifications. In cases where the probable need to bypass is determined early, continued analysis shall be necessary up to, and including, the construction period in an effort to minimize or eliminate the bypass. Final authorization to bypass may be granted after review of the above information, in accordance with Condition G5. of this permit. Authorization to bypass may be by' Administrative Order. S7. RESIDUAL SOLIDS Residual solids include screenings, grit, scum, primary sludge, waste activated sludge and other solid waste. The Permittee shall store and handle all residual solids in such a manner so as to prevent their entry into State ground or surface waters. The Permittee shall not discharge leachate from residual solids to State surface or ground waters. The Permittee shall dispose of all residual solids (this includes grit, screenings and other solids removed during treatment, as well as solids discharged from the anaerobic digester) in accordance with the requirements of the Yakima Health District and Chapter 173-304 WAC (Minimum Functional Standards for Solid Waste Handling). • • • • Page 22 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 S8. PRETREATMENT A. General Requirements The Permittee has requested authority, from the Department, to implement specific portions of the National Pretreatment Program as a delegated Partial Pretreatment Program. The Department has agreed to the request and will work with the Permittee to cooperatively implement the National Pretreatment Program, until the Permittee has been delegated authority to implement the complete Pretreatment Program. Until the Pretreatment Program is fully delegated to the Permittee, the Department will retain responsibility for issuing and enforcing State Wastewater Discharge permits for non-domestic dischargers to the POTW. The Permittee shall work with the Department to identify and categorize all non-domestic dischargers potentially requiring wastewater discharge permits. The Department will work cooperatively with the Permittee to ensure that all wastewater permits, issued to non-domestic users of the Permittee's POTW (Yakima Regional Wastewater Treatment Facilities), will meet the requirements of that POTW. Permits issued by the Department will include effluent limitations incorporated into agreements (e.g. Letters of Understanding) between the non-domestic user and the POTW, and will reference the local limits established in the Permittee's sewer use ordinances of the contributing jurisdictions. After the Permittee has been authorized to implement the full Pretreatment Program, the Department and the Permittee will work together on permits for facilities which require more than one permit for discharges to surface waters (NPDES permits), to ground water (State permits) or to the sewer (State/Pretreatment permits) or General Permits in order to ensure that all waste streams requiring permits are covered with the least duplication of effort practical. B. General Prohibitions The Permittee shall not allow any discharger to introduce pollutants into the POTW which alone or in conjunction with other discharges may cause interference (i.e. disrupts the treatment processes resulting in violation of the effluent limitations), or pass through the treatment processes in such 'quantities as to cause or contribute to an effluent limit violation. The Permittee shall not • Page 23 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 allow discharges which, in combination with other discharges, would cause the sewage sludge to exceed the ceiling criteria for land application. C. Specific Prohibitions In accordance with 40 CFR 403.5(b) and WAC 173-216-060, the Permittee shall not allow discharges to the POTW which meet any of the following criteria: 1. Pollutants which create a fire or explosion hazard in the POTW including, but not limited to, wastestreams with a closed -cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0 or greater than 11.0; 3. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW; 5. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; or 6. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quality that may cause acute worker health and/or safety problems. The Permittee shall only allow discharges meeting the following criteria under the conditions of a legally binding agreement between the discharger and the Permittee. Depending upon the nature and quantity of the wastewater discharged, the corresponding discharger may qualify as a Minor Industrial User (MIU) or a Significant Industrial User (SIU) and also require a wastewater discharge permit issued by the Department. 1. Wastewater containing heat in amounts which will inhibit biological activity in the POTW, resulting in interference, or which would cause wastewater entering the treatment plant headworks to exceed 40°C (104°F); 2. Hauled wastes (which includes the contents of RV holding tanks) may be discharged only at times and places specified by the Superintendent of the POTW. Discharges of hauled waste shall be denied for just cause (e.g. inadequate characterization of the source of the wastewater, or if • Page 24 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 the chemicals contained are incompatible with the treatment processes or permit conditions); 3. Wastewater containing dangerous wastes as allowed under the Domestic Sewage Exclusion (see Chapter, 173-303 WAC for definitions); or 4. Flows which have the potential to adversely affect the hydraulic loading of the POTW, including the following categories: a. Non -contact cooling water; b. Storm water and other direct inflow sources; and c. Non -polluted waters or water which would not receive significant treatment D. Requirements for Managing Industrial Users Until the Permittee has been delegated authority to administer the full Pretreatment Program, it shall be responsible for all of the following activities and reports to the Department: 1. Determination of Significant Industrial Users The Permittee shall, for its Industrial User Survey and elsewhere, identify all SIUs as those commercial/industrial dischargers 'of process wastewater which are not essentially domestic in character and which meet, at least, one of the following criteria: a. Discharge wastewater from a process regulated under the Pretreatment Categorical Standards contained in 40 CFR chapter I, subchapter N; b. Discharge wastewater which meets, at least, one of the following criteria: (1) Daily average process wastewater flows exceed 25,000 gallons per day (excluding sanitary, non -contact cooling water and boiler blowdown wastewater); or (2) Maximum daily discharge volume which exceeds 5% of the average dry weather hydraulic or organic capacity of the POTW; or c. Are deemed by the Permittee or the Department to have a reasonable potential to adversely affect the POTW's operation; or violate any applicable pretreatment standard or requirement. The Department (Control Authority) may decide that a facility which meets the criteria above, does not really need to be classified and • Page 25 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 managed as an SIU, but rather as an MIU. Likewise, the Department may determine that a discharger initially classified as an MIU, below, by the POTW should be classified and managed as an SIU. In either case, the Department will ask the Permittee to review the classification before proceeding. 2. Determination of Minor Industrial Users The Permittee shall, for its Industrial User Survey and elsewhere, identify all MIUs as those commercial/industrial dischargers of process wastewater which are not essentially domestic in character and which meet, at least, one of the following criteria: a. Discharge wastewater which meets, at least, one of the following criteria: (1) Daily average process wastewater flows exceed 5,000 but not more than 25,000 gallons per day (excluding sanitary, non -contact cooling water and boiler blowdown wastewater); or (2) Maximum daily discharge volume which exceeds 1% of the average dry weather hydraulic or organic capacity of the POTW; or b. Are otherwise deemed by the Permittee or the Department to be categorized as an MIU. 3. Determination of Insignificant Industrial Users The Permittee shall, for its Industrial User Survey and elsewhere, identify all Insignificant Industrial Users (IIUs) as those commercial/industrial dischargers of process wastewater which are not essentially domestic in character and which do not fit the definition of either an SIU or an MIU. 4. Notification Conditions as Relating to Significant Industrial Users a. Industrial User Notification The Permittee shall notify proponents of new discharges or of significantly increased discharges or newly identified dischargers which qualify as a potential SIU, of the requirementto: Page 26 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 (1) Submit engineering reports and plans and specifications for wastewater facilities to the Department according to WAC 173-240-110; and (2) Apply to the Department for a wastewater discharge permit according to WAC 173-216-040, at the earliest opportunity. b. Department Notification The Permittee shall not allow the following discharges to commence until, at least, sixty (60) days following notification of the Department of such discharges. The Department may require further delay if a permit is required. (1) Commencement of a discharge from a new SIU, as defined in 40 CFR 403.3(k); (2) An increase in the discharge volume allowed under the conditions of a legally binding agreement (e.g. Letter of Understanding) with the Permittee or a wastewater discharge permit with the Department; or (3) A significant increase in the discharge of conventional or toxic pollutants from an existing SIU. The Permittee shall include in the notification, the basis for determining that the discharge meets one of the above criteria and any signed wastewater discharge agreement (e.g. Letter of Understanding) between the Permittee and the applicable SIU. The Permittee shall notify the Department when it becomes aware of a change in ownership of a facility which has been issued a wastewater discharge permit by the Department. 5. Conditions for Accepting Wastewater Discharges from Significant Industrial Users SIUs shall not be allowed to discharge wastes to the Permittee's POTW until they have received prior authorization from the both the Permittee and the Department in accordance with Chapter 90.48 RCW, Water Pollution Control, and Chapter 173-216 WAC, State Waste Discharge Permit Program, as amended. • • Page 27 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 Beginning on July 1, 2000, new SIUs and increased discharges from existing SIUs must be regulated by the City under the terms of a legally binding agreement limiting the quantities of pollutants and flow which may be discharged before accepting the new or increased discharge. 6. Enforcement of Sewer Use Ordinances The Permittee shall be responsible for ensuring that any capacity allocations and prohibited discharge provisions of its Sewer Use Ordinance (SUO) and the Four Party Agreement between the City, the City of Union Gap, the Terrace Heights Sewer District, and the applicable unincorporated portions of Yakima County are enforced. The Permittee shall work cooperatively with the Department to identify and ensure that all non-domestic users of the POTW, including the. industrial waste sprayfield, are in compliance with the City's. own pretreatment regulations, the pretreatment regulations promulgated in 40 CFR Part 403 and any additional pretreatment regulations that may be promulgated under Section 307(b), the reporting requirements under Section 308 of the Federal Clean Water Act, and the State requirements in Chapters 173-216 and 173-240 WAC. 7. Inspection of Industrial Users At least annually, the Permittee shall conduct an inspection including wastewater effluent sampling of each identified SIU. The inspector shall follow the procedures established in the Permittee's Inspection Procedures Manual as noted in subsection E.5., above. The wastewater samples shall be analyzed, at least, for all of the parameters for which effluent limits have been established in a permit or other control mechanism (e.g. local limits). The Permittee shall also inspect a representative sampling of MIUs during each year. The inspection of MIUs is not required to include effluent sampling, except for a representative MIU in a commercial group specifically known to discharge a pollutant for which a local limit has been established, or for which effluent limits have been included in the applicable discharge authorization. The results of sampling of a representative member of a group shall be used to evaluate the need for revision of the effluent limitations used in control mechanisms (e.g. Letters of Understanding) covering the entire industrial group. • Page 28 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 The Permittee shall submit to the Department each year, as an integral part of the applicable Annual Pretreatment Program Report (S8.G.), a copy of all of the completed inspection forms and sampling results conducted during that corresponding year. 8. Slug Loading Control Plans During the second and fourth years of this permit, the Permittee shall evaluate each SIU for whether a Slug Loading Control Plan is required, following the criteria in 40CFR403.8(t)(2)(v). If there is a need for such a plan, the Permittee shall notify the respective SIU that a Slug Loading Control Plan is required within six (6) months from the date of notification. The Permittee shall submit to the Department a copy of the notification at the same time the individual SIU is notified. 9. Notification of Dischargers of New Pretreatment Requirements The Department will be responsible for notifying the Permittee of new pretreatment regulations promulgated by the EPA. The Permittee shall be responsible for identifying all non-domestic dischargers to which the new regulations potentially apply and transmitting the information to them. The Permittee shall also be responsible for identifying all non- domestic dischargers which have been reclassified as Categorical Users and thereby need to be managed as SIUs. The Permittee shall submit a list to the Department, within two (2) months of receiving the new pretreatment regulations, with the names, addresses, contact person(s) and telephone number of each discharger identified as a potential new or reclassified categorical industrial user. E. Notification of Industrial User Violations The Permittee shall notify the Department,. as soon as possible, if any non- domestic user violates the prohibitions listed in subsections B. and C., above. The Permittee shall also notify the Department whenever,an SIU's wastewater discharge violates any prohibited discharge condition of the Permittee's. SUO; or violates any term or condition, including effluent limits, contained in an applicable wastewater discharge permit issued by the Department, or a legal agreement (e.g. Letter of Understanding) with the Permittee which limits the discharge. Page 29 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 The notification shall, at a minimum, include: 1. The nature of the violation; 2. The duration of the violation, and if continuing, the time of expected compliance; 3. The probable cause of the violation; 4. The steps that are being taken to prevent a recurrence of the violation; and 5. Any enforcement action taken by the Permittee. The Department shall also be notified within twenty-four (24). hours, by telephone, if a violation of any non-domestic discharger is causing an upset of the Permittee's POTW and will result, or has resulted, in a POTW effluent limit violation, or otherwise causes significant risk to the public or environment. A summary of all violations of the pretreatment conditions of the SUO identified during the previous year, including actions taken, shall be submitted to the Department as an integral part of an applicable Annual Pretreatment Program Report. F. Delegated Pretreatment Program The Permittee shall submit a complete application, containing all of the elements identified in Title 40 of the Code of Federal Regulations Part 403, Section 9, paragraph (b), for delegation of authority to administer the complete Pretreatment Program by July 1, 2000. The Department will be available for consultation on the development of the elements required. The following sections include special requirements necessary to accommodate `the specific circumstances of the Permittee's POTW (Yakima Regional Wastewater Treatment Facilities) and service area. 1. Sewer Use Ordinance The Permittee's SUO shall provide for a smooth transition from the status of partial to full delegation. The SUO shall include provisions for allocating capacity to new discharges or increased discharges from facilities which meet the definition of being MIUs or SIUs until the authority to administer the Pretreatment Program has been delegated. The SUO shall also include the legal authority to require completion of • Page 30 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 questionnaires distributed by the Permittee and pertaining to non- domestic discharges. 2. Interlocal Agreements The Permittee shall, by July 1, 2000, have established legally -binding interlocal agreements for wastewater treatment services with the City of Union Gap, the Terrace Heights Sewer District and the appropriate unincorporated areas of Yakima County. The agreements shall°ensure the complete and adequate implementation of the National Pretreatment Program. This will require procedures for the transition from partial to full delegation of authority to administer the Pretreatment program. The Permittee shall submit to the Department through the City of Yakima's legal counsel, a Determination of Adequacy which shall indicate that all such interlocal agreements as required above have been properly and adequately established as part of the application for delegation of authority to administer the full Pretreatment Program. Copies of all appropriate interlocal agreements shall be submitted to the Department as an addendum to the Determination of Adequacy. 3. Local Limits The SUO shall include suitable local limits for any pollutants identified in°the Additional Chemical Analysis of Effluent and Receiving Water (Condition S12.) as having a reasonable potential for the effluent to violate the State's Water Quality Standards. 4. Industrial User Survey The Permittee shall complete an Industrial User Survey of all known and suspected SIUs by July 1, 2000. The results of the survey shall be submitted along with the application for delegation of authority to administer a complete Pretreatment Program. The Permittee shall extend the Industrial User Survey to include all known and suspected MIUs, plus any new, newly identified, or significantly changed SIUs, and include the results with the Annual Pretreatment Report due on April 1, 2002. Page 31 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 G. Annual Pretreatment Program Report By April 1 of each year, beginning with April 1, 1998, an Annual Pretreatment Program Report shall be submitted by the Permittee to the Department. The report shall be a summary of all pretreatment activities conducted during the calendar year just completed, and shall include, at a minimum, the following items: 1. A summary of any changes to the SUO or the Four Party Agreement or auxiliary agreements to the Four Party Agreement and a copy of the revised documents; 2. A listing of the local limits in effect at the beginning and end of the reporting year; 3. A copy of all agreements (e.g. Letters of Understanding) issued during the year; 4. A list of all non-domestic dischargers identified as SIUs; 5. A list of all identified non-domestic MIU discharger groups, including the number of individual facilities in each group; 6. A list of all of the non-domestic dischargers inspected, copies of applicable inspection forms and a summary of the results of pertinent effluent analyses performed during the reporting year; 7. The results of analyses performed to evaluate the adequacy of the Permittee's local limits, plus all recommendations for revision of the local limits; 8. A summary of all known instances of pass-through and upsets of the treatment processes, and the potential pollutant responsible; 9. A summary, of all known instances of POTW effluent limit violation, categorized by date and pollutant characteristics; and 10. A summary of all violations of the SUO and all enforcement actions taken by the Permittee during the reporting year. S9. WET TESTING - ACUTE TOXICITY A. Effluent Limit Compliance Monitoring 1. General Requirements The Permittee shall also monitor the POTW final effluent by conducting acute whole effluent toxicity (WET) testing to determine compliance • Page 32 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 with the following acute toxicity effluent limit: There shall be no significant acute toxicity in a test concentration representing the acute critical effluent concentration (ACEC). The ACEC means the maximum concentration of effluent,during "critical" conditions at the boundary of the acute mixing zone assigned pursuant to WAC 173- 201A-100, and equals sixty-six and two tenths percent (66.2%) final effluent. After issuance of this permit, the Permittee shall conduct bi-monthly (once every other month) acute WET compliance monitoring testing for acute toxicity. Such acute WET tests shall begin within sixty (60) days of the effective date of this permit. Acute WET compliance monitoring shall be performed on, at least, the following: the ACEC, whole (100%) final effluent and a control. The Permittee may choose to test a full dilution series during acute WET compliance monitoring in order to determine dose response. The dilution series, if chosen, must have a minimum of five (5) effluent concentrations, including the ACEC, whole effluent and a control. Compliance with the acute WET effluent limit shall mean no statistically significant difference in survival between the control and the test concentration representing the ACEC using hypothesis testing (Appendix H, EPA/600/4-89/001). If the difference in survival is less than ten percent (10%), the hypothesis test shall be conducted at the one percent (0.01) level of significance. However, if the difference in survival is greater than ten percent (10%), the hypothesis test shall be conducted at the five percent (0.05) level of significance. If any acute WET compliance monitoring test determines a statistically significant difference in survival between the control and the ACEC, the Permittee shall immediately begin to conduct the activities required in subsection B, below. 2. Reporting Requirements An Acute WET Compliance Monitoring Data Report shall be submitted, to the Department, within thirty (30) days following each acute WET compliance monitoring sampling event, except the very last sampling event required by this permit. The report shall indicate the percent (%) survival in the ACEC, whole effluent and control concentrations. • Page 33 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 An Acute WET Compliance Monitoring Summary Report shall be submitted, to the Department, within sixty (60) days following the last acute WET compliance monitoring sampling event. This summary report shall include: (1) the percent (%) survival in the ACEC, whole final effluent and control concentrations of the last acute WET compliance monitoring test; (2) a tabulated summary of all of the individual acute WET compliance monitoring test results obtained during the entire period of acute WET compliance monitoring testing; and (3) any information on sources of toxicity, toxicity source control, toxicity correlation with effluent data, and toxicity treatability which are devel- oped during the entire period of acute WET compliance monitoring testing. 3. Protocols The Permittee shall, for all acute WET compliance monitoring testing, only use the following test organism and its respective protocols: Ceriodaphnia dubia (48-hour static test, method: EPA/600/4-90/027F, as amended). B. Response to a Failed Test with an Effluent Limit 1. General Requirements a. Typical Tests Whenever a violation of the acute toxicity effluent limit occurs during the acute WET compliance monitoring, the Permittee shall begin an additional series of compliance monitoring for acute toxicity using the same protocols as the failed test. This additional series of acute WET compliance monitoring testing shall begin within seven (7) calendar days from the time of receiving the failed -test results, and shall be conducted weekly during the next three (3) consecutive weeks. The additional series of acute WET compliance monitoring shall determine, if possible, a more applicable LC50 for all subsequent acute WET compliance monitoring tests. After completion of the additional series of acute WET compliance monitoring, the Permittee shall return to the original acute WET compliance Page 34 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 monitoring frequency (bi-monthly) as outlined in subsection A, above, until the next occurrence of a failed acute WET compliance monitoring test. b. Anomalous Tests If the Permittee believes that a failed acute WET compliance monitoring test will be identified by the Department as anomalous, the Permittee should notify the Department of that fact, within forty-eight (48) hours from the time' of receiving the failed -test results. This' notification shall: (1) Stipulate that the Permittee will temporarily only conduct one (1) additional acute WET compliance monitoring test, instead of the entire series of three (3) weekly additional acute WET compliance monitoringtests as are typically required in this subsection; (2) Stipulate that the Permittee will then wait for the results from the one (first) additional acute WET compliance monitoring test or for notification, from the Department, before conducting any more of the typically -required additional acute WET compliance monitoring tests; and (3) Accompany the original failed acute WET compliance monitoring data, with a written description identifying the reason(s) for considering the original failed -test result to be anomalous. The Permittee shall, in any case, conduct in strict accordance with the requirements of this subsection the remaining two (2) weekly additional acute WET compliance monitoring tests of the series if either of the following circumstances occurs: (1) The one additional acute WET compliance monitoring test fails to comply with this permit's acute toxicity effluent limit; or (2) The one additional acute WET compliancemonitoring test complies with this permit's acute toxicity effluent limit and the Department notifies the Permittee that the failed - test result was not anomalous. • Page 35 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 However, if the one (first) additional acute WET compliance monitoring test complies with this permit's acute toxicity effluent limit and the Department notifies the Permittee that the original failed -test result was anomalous, the Permittee shall use the results from the one additional acute WET compliance monitoring test to replace the results of the originally -failed acute WET compliance monitoring test. 2. Reporting Requirements If no violation of the acute WET effluent limit occurs during any series of additional acute WET compliance monitoring, the Permittee shall submit an Additional Acute WET Compliance Monitoring Data Report, to the Department, within thirty (30) days following that series 'last additional acute WET compliance monitoring sampling event. This report shall search all pertinent and recent facility records (operating records, monitoring results, inspection records, spill reports, weather records, production records, raw material purchases, pretreatment records, etc.) and comment on the possible causes and preventive measures for the originally -failed test which triggered the series of additional acute WET compliance monitoring. If a violation of the acute WET effluent limit occurs during any series of additional acute WET compliance monitoring, the Permittee shall submit, to the Department for approval, an Acute Toxicity Identification/Reduction Evaluation (TI/RE) based on WAC 173-205- 100(2) within thirty (30) days following that series' last additional acute WET compliance monitoring sampling event. This evaluation shall be based on procedures in the latest versions of the USEPA guidance documents for conducting toxicity identification evaluations and toxicity reduction evaluations. If not approved by the Department, the Permittee shall submit, to the Department, a revised TI/RE in accordance with all applicable Department comments within thirty (30) days after receipt of such non -approval. The Permittee shall implement the applicable TI/RE immediately upon receiving, from the Department, of a written approval notification of the applicable TI/RE. • Page 36 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 3. Protocols All additional acute WET compliance monitoring testing shall use the same test species and respective protocols as the originally -failed acute WET compliance monitoring test. C. Requirements for all Acute WET Tests 1. All WET test reports shall be submitted, to the Department, in accordance with the most recent Department -approved specifications regarding format and content. The reports shall contain all appropriate bench sheets and reference toxicant results for those test methods used. All effluent and reference toxicant test results shall also be submitted as electronic files on floppy disks in the Toxicity Standardized Electronic Reporting Format (TSERF). 2. All WET testing shall only be conducted on twenty-four (24) hour composite effluent samples, or grab samples. Samples taken for WET testing shall be cooled to four degrees Celsius (4°C) while being collected, and shall be sent to a certified laboratory immediately upon completion of collection. The laboratory shall begin conducting WET testing as soon as possible, but no later than thirty-six (36) hours, after sampling was completed. 3. Permittees that potentially have ammonia and/or chlorine in the effluent shall measure total ammonia and/or total residual chlorine from a sample collected for WET testing. All samples taken for testing shall have pH, total alkalinity, total hardness, dissolved oxygen, and conductivity mea- sured prior to test initiation. 4. All WET tests shall meet quality assurance criteria in the most recent versions of the USEPA manual listed in subsection A, above, and the Department's Publication #WQ-R-95-80, Whole Effluent Toxicity Testing Regulatory Guidance and Test Review Criteria. If in any WET test, the performance of the control does not meet protocol standards for accept- ability, or are determined to be invalid or anomalous, the test shall be repeated with freshly collected effluent as soon as possible, but no later than forty-eight (48) hours after such determinations. • • Page 37 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 5. Control water and dilution water shall be laboratory water or pristine natural water meeting the requirements of the USEPA manual listed in subsection A, above, and of sufficient quality for good control performance. 6. Final effluent samples to be used in WET tests shall be chemically dechlorinated with sodium thiosulfate just prior to test initiation. No more sodium thiosulfate shall be added than is necessary to just neutral- ize the residual chlorine. 7. All WET tests that involve hypothesis testing and which do not comply with the acute toxicity statistical power standard of twenty-nine percent (29%), as defined in WAC 173-205-020, must be repeated within forty- eight (48) hours on a freshly -collected effluent sample. The repeated WET test shall use a one hundred percent (100%) increase in the number of replicates in order to increase the statistical power. S10. WET TESTING - CHRONIC TOXICITY A. Effluent Limit Compliance Monitoring 1. General Requirements The Permittee shall monitor the POTW fmal effluent by conducting chronic WET testing to determine compliance with the following chronic toxicity effluent limit: There shall be no significant chronic toxicity in a test concentration representing the chronic critical effluent concen- tration (CCEC). The CCEC means the maximum concentration of effluent during "critical" conditions at the boundary of the chronic mixing zone assigned pursuant to WAC 173-201A-100, and equals fifteen and one tenth percent (15.1 %) fmal effluent. After issuance of this permit, the Permittee shall conduct bi-monthly (once every other month) chronic WET compliance monitoring testing for chronic toxicity. Such chronic WET tests shall begin within sixty (60) days of the effective date of the permit. Chronic WET compliance monitoring shall be performed on, at least, the following concentrations: the CCEC, the ACEC and a control. The Permittee may choose to test a full dilution series during chronic WET compliance monitoring in order • Page 38 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 to determine dose response. This series must have a minimum of five (5) effluent concentrations, including the ACEC, the CCEC, and a control. Compliance with the chronic toxicity effluent limit shall mean no statistically significant difference in response between the control and the test concentration representing the CCEC using hypothesis testing (Ap- pendix H, EPA/600/4-89/001). If the difference in response is less than twenty percent (20%), the hypothesis test shall be conducted at the one percent (0.01) level of significance. However, if the difference in response is greater than twenty percent (20%), the hypothesis test shall be conducted at the five percent (0.05) level of significance. If any chronic WET compliance monitoring test determines a statistically significant difference in response between the control and the CCEC, the Permittee shall immediately begin to conduct activities required in subsection B, below. In order to establish whether this permit's chronic toxicity limit is eligible for removal from future permits, the Permittee shall also conduct similar hypothesis testing (Appendix H, EPA/600/4-89/001) to determine if a significant difference in response exists between the ACEC and the control. 2. Reporting Requirements A report on Chronic WET Compliance Monitoring Data Report shall be submitted, to the Department, within thirty (30) days following each chronic WET compliance monitoring sampling event, except for the very last sampling event required by this permit. The report shall indicate the percent (%) survival in the ACEC, the CCEC, and control effluent concentrations. A Chronic WET Compliance Monitoring Summary Report shall be submitted, to the Department, within sixty (60) days following the last chronic WET compliance monitoring sampling event. This summary report shall include: (1) the percent survival in the CCEC, ACEC and control concentrations of the last chronic WET compliance monitoring test; (2) a tabulated summary of all of the applicable chronic WET compliance monitoring test results; and (3) any information on sources of toxicity, toxicity source control, toxicity correlation with effluent Page 39 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 data, and toxicity treatability which are developed during the entire period of chronic WET compliance monitoring testing. 3. Protocols The Permittee shall, for all chronic WET compliance monitoring testing, only use the following test organism and its respective protocols: Ceriodaphnia dubia, (EPA/600/4-91/002, as amended). B. Response to a Failed Test with an Effluent Limit 1. General Requirements a. Typical Tests Whenever a violation of the chronic toxicity effluent limit occurs during the chronic WET compliance monitoring, the Permittee shall begin additional series of compliance monitoring for chronic toxicity using the same protocols as the failed test. This additional series of chronic WET compliance monitoring testing shall begin within seven (7) calendar days from the time of receiving the failed -test results, and shall be conducted weekly during the next three (3) consecutive weeks. The additional series of chronic WET compliance monitoring shall determine, if possible, a more applicable IC50 or EC50 for all subsequent chronic WET compliance monitoring tests. After completion of the additional series of chronic WET compliance monitoring, the Permittee shall return to the original chronic WET compliance monitoring frequency (bi-monthly) as outlined in subsection A, above, until the next occurrence of a failed chronic WET compliance monitoring test. b. Anomalous Tests If the Permittee believes that a failed chronic WET compliance monitoring test will be identified by the Department as anomalous, the Permittee should notify the Department of that fact as soon as possible. This notification shall: • • Page 40 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 (1) Stipulate that the Permittee shall only conduct one (1) additional chronic WET compliance monitoring test, instead of the entire series of three (3) weekly additional chronic WET compliance monitoring tests as are typically required in this subsection; (2) Stipulate that the Permittee shall then wait for notification, from the Department, before conducting any more of the typically -required additional acute WET compliance monitoring tests; and (3) Accompany the original failed chronic WET compliance monitoring test report, identifying the reason(s) for considering the original failed -test result to be anomalous. The Permittee shall, in any case, conduct in strict accordance with the requirements of this subsection the remaining two (2) weekly additional chronic WET compliance monitoring tests of the series if either of the following circumstances occurs: (1) The one additional chronic WET compliance monitoring test fails to comply with this permit's chronic toxicity effluent limit; or (2) The one additional chronic WET compliance monitoring test complies with this permit's chronic toxicity effluent limit and the Department notifies the Permittee that the failed -test result was not anomalous. However, if the one additional chronic WET compliance monitoring test complies with this permit's chronic toxicity effluent limit and the Department notifies the Permittee that the original failed -test result was anomalous, the Permittee shall use the results from the one (first) additional chronic WET compliance monitoring test to replace the results of the originally -failed chronic WET test compliance monitoring test. 2. Reporting Requirements If no violation of this permit's chronic WET effluent limit occurs during any series of additional chronic WET compliance monitoring, the Permittee shall submit an Additional Chronic WET Compliance Monitoring Data Report, to the Department, within thirty (30) days following that series' last additional chronic WET compliance Page 41 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 monitoring sampling event. This report shall search all pertinent and recent facility records (operating records, monitoring results, inspection records, spill reports, weather records, production records, raw material purchases, pretreatment records, etc.) and comment the possible causes and preventive measures for the originally -failed chronic WET event which triggered the series of additional chronic WET compliance monitoring. If a violation of this permit's chronic toxicity effluent limit occurs during any series of chronic additional WET compliance monitoring, the Permittee shall submit, to the Department for approval, a Chronic Toxicity Identification/Reduction Evaluation (TI/RE) based on WAC 173-205-100(2) within thirty (30) days following that series' last additional chronic WET compliance monitoring sampling event. This evaluation shall,be based on procedures in the latest versions of the USEPA guidance documents for conducting toxicity identification evaluations and toxicity reduction evaluations. If not approved by the Department, the Permittee shall submit, to the Department, a revised TI/RE in accordance with all applicable Department comments, within thirty (30) days after receipt of such non -approval. The Permittee shall implement the applicable TI/RE immediately upon receiving, from the Department, of a written approval notification of the applicable TI/RE. 3. Protocols All additional chronic WET compliance monitoring testing shall use the same test species and respective protocols as the originally -failed chronic WET compliance monitoring test. C. Requirements for all Chronic WET Tests 1. All WET test reports shall be submitted, to the Department, in accordance with the most recent Department -approved specifications regarding format and content. The reports shall contain all appropriate bench sheets and reference toxicant results for those test methods used. All final effluent and reference toxicant test results shall also be submitted as electronic files on floppy disks in the Toxicity Standardized Electronic Reporting Format (TSERF). 41) 2. All WET testing shall only be conducted on 24-hour composite effluent samples, or grab samples. Samples taken for WET testing shall be Page 42 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 cooled to four degrees Celsius (4°C) while being collected, and shall be sent to a certified laboratory immediately upon completion of collection. The laboratory shall begin conducting WET testing as soon as possible, but no later than thirty-six (36) hours, after sampling was completed. 3. Permittees that potentially have ammonia and/or chlorine in the fmal effluent shall measure total ammonia and/or total residual chlorine from a sample collected for WET testing. All samples taken for WET testing shall have pH, total alkalinity, total hardness, dissolved oxygen, and conductivity measured prior to test initiation. 4. All WET tests shall meet quality assurance criteria in the most recent versions of the USEPA manual listed in subsection A, above, and the Department's Publication #WQ-R-95-80, Whole Effluent Toxicity Testing Regulatory Guidance and Test Review Criteria. If in any WET test, the performance of the control does not meet protocol standards for accept- ability, or are determined to be invalid or anomalous, the test shall be repeated with freshly collected effluent as soon as possible, but no later than forty-eight (48) hours after such determinations. 5. Control water and dilution water shall be laboratory water or pristine natural water meeting the requirements of the USEPA manual listed in subsection A, above, and of sufficient quality for good control performance. 6. Final effluent samples to be used in WET tests shall be chemically dechlorinated with sodium thiosulfate just prior to test initiation. No more sodium thiosulfate shall be added than is absolutely necessary to just neutralize the residual chlorine. 7. All WET tests that involve hypothesis testing and which do not comply with the chronic statistical power standard of thirty-nine percent (39%), as defined in WAC 173-205-020, must be repeated within forty-eight (48) hours on a freshly -collected effluent sample. The repeated WET test shall use a one hundred percent (100%) increase in the number of replicates in order to increase the statistical power. • • Page 43 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 S11. SPRAYFIELD ENGINEERING REPORT The Conditions in this permit that regulate the Industrial Waste Sprayfield are imposed pursuant to State law only and as part of the State Waste Discharge Permit Program (Chapter 173-216 WAC). A. General Requirements The Permittee shall complete and submit, to the Department for approval, a Sprayfield Engineering Report by July 1, 1999. The report shall comply with all of the requirements as contained in Chapter 4, "Detailed Engineering Report" of the Department's May 1993 publication, Guidelines for Preparation of Engineering Reports for Industrial Wastewater Land Application Systems, as amended. If the Permittee will continue to discharge, at any time, wastewater or effluent from the main treatment plant to the Industrial Waste Sprayfield, the Sprayfield Engineering Report shall also comply with all of the applicable requirements of the Department's February 1993 publication, Water Reclamation and Reuse Interim Standards, as amended. The report shall also comply with the requirements of WAC 173-240-060, Engineering Report, and be approved by the Department prior to any related construction. All construction and/or operational changes required by the Sprayfield Engineering Report shall be completed and operational, to the Department's satisfaction, by July 1, 2001. B. Sprayfield Operation and Maintenance Plan The Sprayfield Engineering Report shall, in addition to the requirements of subsection A. above, contain an updated Sprayfield Operation and Maintenance Plan. The plan shall, in addition to the requirements detailed in the Guideline for Engineering Reports for Industrial Wastewater Land Application Systems, contain the following: 1. Emergency procedures for mitigation and cleanup in the event of wastewater treatment system upset or failure; 2. A description of all applicable operator training, and recently installed equipment and facilities; and 3. A minimum of three (3) appendices which are generally described as follows: a. Appendix A: This appendix shall contain the irrigation system operational controls, procedures, general rules and Best • Page 44 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 Management Practices for the sprayfield, which are commonly referred to as the "rules of the road"; b. Appendix B: This appendix shall contain the sprayfield's engineered loading rates and applied -wastewater limits for the basic wastewater parameters; and c. Appendix C: This appendix shall contain the protocols, procedures and monitoring schedules for sampling the sprayfield's applied wastewater, soil and ground water. C. Industrial Waste Pretreatment Analysis and Plan If the Department -approved Sprayfield Engineering Report determines that the Industrial Waste Sprayfield, even with planned upgrades, cannot adequately treat all of the wastewater applied to it, then such report shall include an Industrial Waste Pretreatment Analysis and Plan. The objective of this pretreatment analysis shall be to ensure that fruit processing and other wastewater conveyed by the industrial waste sewer has been properly and adequately pretreated to a level at which the subsequent wastewater can then be adequately treated, to the Department's satisfaction, by the Industrial Waste Sprayfield. Therefore,, the Industrial Waste Pretreatment Analysis and Plan shall include a description of all of the required construction and/or operational changes required to ensure proper and adequate pretreatment of the Industrial Waste Sewer wastewater. S12. ADDITIONAL CHEMICAL ANALYSIS OF EFFLUENT AND RECEIVING WATER A. General Requirements The Permittee shall collect sufficient final effluent from the wastewater treatment system and receiving water information necessary to determine if the effluent has a reasonable potential to cause a violation of State water quality standards. If reasonable potential exists, the Department will use this information to calculate effluent limits. The Permittee may use the information in the development of any local limits needed. B. Monitoring Requirements The Permittee shall sample the final effluent quarterly during the first year of sampling (1998) for the complete list of toxic pollutants included in 40 CFR Part 122, Appendix D, Tables II and III, plus molybdenum. The detection Page 45 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 limits for the elements and total cyanide shall be as specified in the table below, the quantitation limits for the toxic organics shall be those given in Table VI -2 of the Permit Writer's Manual. POLLUTANT PARAMETER DETECTION LIMIT REQUIRED Copper 1.0 µg/L, , Cyanide, total only 20 µg/L Lead 1.0 µg/L Molybdenum, total only 10 µg/L Nickel 1.0 µg/L Chromium 1.0 µg/L Zinc 4.0 µg/L Cadmium 0.1 µg/L Selenium 2.0 µg/L Silver 0.2 µg/L Thallium, total only 40 µg/L Mercury 0.2 µg/L Arsenic 1.0 µg/L The sampling station for the receiving water shall be between the Highway 24 bridge across the Yakima River and the POTW's outfall. The sampling station shall be in a well mixed section of the river. The location of the sampling station shall be determined with an accuracy of ten (10) feet relative to the banks of the river and forty (40) feet relative to the outfall. Sampling to meet the requirements of this Condition shall be scheduled to coincide with sampling for WET compliance monitoring testing, whenever feasible. During the second (1999) year of sampling, the effluent and receiving water shall be sampled, by the Permittee, quarterly for the pollutants included in the approved (revised) sampling and quality assurance plan. For the receiving water samples, the elements in the foregoing table shall be analyzed for both the total recoverable and the dissolved element. In addition to the toxic pollutants, the Permittee shall sample and analyze the receiving water for total suspended solids, hardness, temperature, and pH. • • Page 46 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 C. Reporting Requirements The Permittee shall submit to the Department, for review and approval, an Additional Chemical Analysis of Effluent and Receiving Water Sampling and Quality Assurance Plan by January 1, 1998. The Permittee shall submit two (2) Additional Chemical Analysis of Effluent and Receiving Water Reports which shall correspond to the first and second years of sampling required by this Condition. The first report shall be received by the Department by April 1, 1999 and the second report by April 1, 2000. A request to revise the original sampling plan may be included with the first report in order to eliminate those pollutants which were found to be not present at concentrations above the requisite Detection Limits (the detection limit will have to be reported as well as the quantitation limit for the toxic organics) in samples collected during the first four quarters of sampling. The results of the these reports shall be used in developing the local limits to be submitted as part of the application for delegation of authority to administer a fully -delegated Pretreatment Program. The Permittee may choose to continue to sample quarterly and shall submit, to the Department by January 1, 2002, the results all additional annual effluent and receiving water sampling and request a review of the effluent limits and revised local limits as part of the application for renewal of the NPDES permit due. D. Protocols and Quality Assurance/Quality Control Procedures All sampling and analysis shall be conducted in accordance with the guidelines given in Guidelines and Specifications for Preparing Quality Assurance Project Plans, Ecology Publication 91-16. The Permittee shall follow the clean sampling techniques (Method 1669: Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels, EPA Publication No. 821-R-95-034, April 1995). All chemical analysis shall be conducted according to methods given in 40 CFR 136 and be done by a laboratory accredited by the Department. The Department considers ten (10) receiving water samples to be desirable and four (4) to be the minimum number of samples for determining whether there exists a reasonable potential of the effluent to cause a violation of the State's Water Quality Standards. Page 47 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 GENERAL CONDITIONS Gl. DISCHARGE VIOLATIONS All discharges and activities authorized by this permit shall be consistent with the terms and conditions of this permit. The discharge of any pollutant more frequently than, or at a concentration in excess of, that authorized by this permit shall constitute a violation of the terms and conditions of this permit. The Permittee shall, at all times, keep a copy of this permit on-site and available for inspection. The Permittee is responsible for being familiar, and complying, with all the terms and conditions of this permit. G2. PROPER OPERATION AND MAINTENANCE The Permittee shall at all times properly operate and maintain all facilities and systems of collection, treatment, and control (and related appurtenances) which are installed or used by the Permittee for pollution control. G3. REDUCED PRODUCTION FOR COMPLIANCE The Permittee, in order to maintain compliance with its permit, shall control production and/or all discharges upon reduction, loss, failure, or bypass of the treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. G4. NONCOMPLIANCE NOTIFICATION If for any reason, the Permittee does not comply with, or will be unable to comply with, any of the discharge limitations or other conditions specified in the permit, the Permittee shall, at a minimum, provide the Department with the following information: A. A description of the nature and cause of noncompliance, including the quantity and quality of any unauthorized waste discharges; B. The period of noncompliance, including exact dates and times and/or the anticipated time when the Permittee will return to compliance; and C. The steps taken, or to be taken, to reduce, eliminate, and prevent recurrence of the noncompliance. 110 In addition, the Permittee shall take immediate action to stop, contain, and clean up any unauthorized discharges and take all reasonable steps to minimize any adverse impacts • Page 48 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 to waters of the state and correct the problem. The Permittee shall notify the Department by telephone so that an investigation can be made to evaluate any resulting impacts and the corrective actions taken to determine if additional action should be taken. In the case of any discharge subject to any applicable toxic pollutant effluent standard under Section 307(a) of the Clean Water Act, or which could constitute a threat to human health, welfare, or the environment, 40 CFR Part 122 requires that the information specified in Conditions G4.A., G4.B., and G4.C., above, shall be provided not later than twenty-four (24) hours from the time the Permittee becomes aware of the circumstances. If this information is provided orally, a written submission covering these points shall be provided within five (5) days of the time the Permittee becomes aware of the circumstances, unless the Department waives or extends this requirement on a case-by-case basis. Compliance with these requirements does not relieve the Permittee from responsibility to maintain continuous compliance with the conditions of this permit or the resulting liability for failure to comply. G5. BYPASS PROHIBITED The intentional bypass of wastes from all or any portion of a treatment works is prohibited unless the following four (4) conditions are met: A. Bypass is: (1) unavoidable to prevent loss of life, personal injury, or severe property damage; or (2) necessary to perform construction or maintenance - related activities essential to meet the requirements of the Clean Water Act and authorized by administrative order; B. There are no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, maintenance during normal periods of equipment down time, or temporary reduction or termination of production; C. The Permittee submits notice of an unanticipated bypass to the Department in accordance with Condition G4., above. Where the Permittee knows or should have known in advance of the need for a bypass, this prior notification shall be submitted for approval to the Department, if possible, at least thirty (30) days before the date of bypass (or longer if specified in the special conditions); and D. The bypass is allowed under conditions determined to be necessary by the Department to minimize any adverse effects. The public shall be notified and given an opportunity to comment on bypass incidents of significant duration, to the extent feasible. Page 49 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production. After consideration of the factors above and the adverse effects of the proposed bypass, the Department will approve or deny the request. Approval of a request to bypass will be by administrative order under RCW 90.48.120. G6. RIGHT OF ENTRY The Permittee shall allow an authorized representative of the Department, upon the presentation of credentials and such other documents as may be required by law: A. To enter upon the premises where a discharge is located or where any records must be kept under the terms and conditions of this permit; B. To have access to and copy at reasonable times any records that must be kept under the terms of the permit; C. To inspect at reasonable times any monitoring equipment or method of monitoring required in the permit; D. To inspect at reasonable times any collection, treatment, pollution management, or discharge facilities; and E. To sample at reasonable times any discharge of pollutants. G7. PERMIT MODIFICATIONS The Permittee shall submit a new application or supplement to the previous application where facility expansions, production increases, or process modifications will: (1) result in new or substantially increased discharges of pollutants or a change in the nature of the discharge of pollutants; or (2) violate the terms and conditions of this permit. G8. PERMIT MODIFIED OR REVOKED After notice and opportunity for public hearing, this permit may be modified, terminated, or revoked during its term for cause including, but not limited to, the following: • A. Violation of any terms or conditions of the permit; • • Page 50 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 B. Failure of the Permittee to disclose fully all relevant facts or misrepresentations of any relevant facts by the Permittee during the permit issuance process; C. A change in any condition that requires either a temporary or a permanent reduction or elimination of any discharge controlled by the permit; D. Information indicating that the permitted discharge poses a threat to human health or welfare; E. A change in ownership or control of the source; or F. Other causes listed in 40 CFR 122.62 and 122.64. Permit modification, revocation and reissuance, or termination may be initiated by the Department or requested by any interested person. G9. REPORTING A CAUSE FOR MODIFICATION A Permittee who knows or has reason to believe that any activity has occurred or will occur which would constitute cause for modification or revocation and reissuance under Condition G8. of this permit, or 40 CFR 122.62 must report such plans, or such information, to the Department so that a decision can be made on whether action to modify or revoke and reissue a permit will be required. The Department may then require submission of a new application. Submission of such application does not relieve the Permittee of the duty to comply with this permit until it is modified or reissued. G10. TOXIC POLLUTANTS If any applicable toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Clean Water Act for a toxic pollutant and that standard or prohibition is more stringent than any limitation upon such pollutant in this permit, the Department shall institute proceedings to modify or revoke and reissue this permit to conform to the new toxic effluent standard or prohibition. G11. PLAN REVIEW REQUIRED Prior to constructing or modifying any wastewater control facilities, detailed plans shall be submitted to the Department for approval in accordance with Chapter 173-240 WAC. Facilities shall be constructed and operated in accordance with the approved plan. • • Page 51 of 51 Permit No.: WA -002402-3 Expiration Date: June 30, 2002 G12. OTHER REQUIREMENTS OF 40 CFR All other requirements of 40 CFR 122.41 and 122.42 are incorporated in this permit by reference. G13. COMPLIANCE WITH OTHER LAWS AND STATUTES Nothing in this permit shall be construed as excusing the Permittee from compliance with any applicable Federal, State, or local statutes, ordinances, or regulations. G14. ADDITIONAL MONITORING The Department may establish specific monitoring requirements in addition to those contained in this permit by Administrative Order or permit modification. G15. REVOCATION FOR NONPAYMENT OF FEES The Department may revoke this permit if the permit fees established under Chapter 173-224 WAC are not paid. G16. REMOVED SUBSTANCES Collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall not be resuspended or reintroduced to the final effluent stream for discharge to State waters. G17. DUTY TO REAPPLY The Permittee shall reapply, for permit renewal, at least one hundred -eighty (180) days prior to the specified expiration date of this permit. FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 • Applicant: Facility Name and Address: City of Yakima 129 North 2nd Street Yakima, Washington 98901 City of Yakima Regional Wastewater Treatment Plant 2220 East Viola Yakima, Washington 98901 Type of Primary clarification, trickling filter, activated sludge, secondary Treatment: clarification, anaerobic digesters, chlorination, dechlorination, and an industrial wastewater sprayfield. Discharge Yakima River Latitude: 46° 34' 47" N Location: River Mile = 110.1 Longitude: 120° 27' 52" W • Sprayfield Latitude: 46° 34' 44" N Location: Longitude: 120° 27' 56" W Water Body ID Number: • WA -37-1040 FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 2 of 60 TABLE OF CONTENTS Page INTRODUCTION 5 BACKGROUND INFORMATION 6 DESCRIPTION OF THE FACILITY 6 1. HISTORY 6 A. Main Treatment Plant 6 B. Industrial Waste Sprayfield 7 2. COLLECTION SYSTEM STATUS 8 3. TREATMENT PROCESSES 9 A. Main Treatment Plant 9 B. Industrial Waste Sprayfield 9 4. DISCHARGE OUTFALL 10 5. RESIDUAL SOLIDS 10 • PERMIT STATUS 10 1. MAIN TREATMENT PLANT 10 2. INDUSTRIAL WASTE SPRAYFIELD 11 INSPECTIONS OF THE POTW SINCE ISSUANCE OF THE PREVIOUS PERMIT 11 1. LAST INSPECTION 11 2. CLASS 2 INSPECTION 11 A. Main Treatment Plant 11 B. Industrial Waste Sprayfield 12 SUMMARY OF COMPLIANCE WITH THE PREVIOUS PERMIT 13 1. MAIN TREATMENT PLANT 13 A. Effluent Limits 13 B. Partial Pretreatment Program 13 C. Biomonitoring 14 2. INDUSTRIAL WASTE SPRAYFIELD 15 WASTEWATER CHARACTERIZATION 15 1. MAIN TREATMENT PLANT 16 A. Influent 16 B. Effluent 18 2. INDUSTRIAL WASTE SPRAYFIELD 19 • A. Influent 19 FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 3 of 60 B. Ground Water 20 PROPOSED PERMIT LIMITATIONS AND CONDITIONS 22 DESIGN CRITERIA 22 1. MAIN TREATMENT PLANT 22 2. INDUSTRIAL WASTE SPRAYFIELD 22 TECHNOLOGY-BASED EFFLUENT LIMITATIONS 23 SURFACE WATER QUALITY -BASED EFFLUENT LIMITATIONS 24 1. NUMERICAL CRITERIA FOR THE PROTECTION OF AQUATIC LIFE 24 2. NUMERICAL CRITERIA FOR THE PROTECTION OF HUMAN HEALTH 24 3. NARRATIVE CRITERIA 24 4. ANTIDEGRADATION 25 5. "CRITICAL" CONDITIONS 25 6. MIXING ZONES 25 7. DESCRIPTION OF THE RECEIVING WATER 27 8. SURFACE WATER QUALITY CRITERIA 27 • 9. CONSIDERATION OF SURFACE WATER QUALITY -BASED LIMITS FOR NUMERIC CRITERIA 28 A. Main Treatment Plant 28 B. Industrial Waste Sprayfield 32 10. WHOLE EFFLUENT TOXICITY 32 A. Most Sensitive Test Organism 33 B. Acute Toxicity 33 C. Chronic Toxicity 34 11. HUMAN HEALTH 34 GROUND WATER QUALITY LIMITATIONS 35 COMPARISON OF EFFLUENT LIMITS WITH THE PREVIOUS PERMIT 39 1. MAIN TREATMENT PLANT 39 2. INDUSTRIAL WASTE SPRAYFIELD 40 MONITORING AND REPORTING 40 OTHER PERMIT CONDITIONS 41 PREVENTION OF FACILITY OVERLOADING 41 • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 4 of 60 OPERATION AND MAINTENANCE (O&M) 41 RESIDUAL SOLIDS HANDLING 41 PRETREATMENT 42 1. Industrial User Survey 42 2. Industrial User Notification and Management 44 3. Sewer Use Ordinance (SUO) Development 44 4. Enforcement Guidelines 45 5. Development of Local Limits 45 6. Inspection Procedures 45 7. Annual Pretreatment Report 46 GENERAL CONDITIONS 46 PERMIT ISSUANCE PROCEDURES 46 PERMIT MODIFICATIONS 46 • RECOMMENDATION FOR PERMIT ISSUANCE 46 REVIEW BY THE PERMITTEE 46 REFERENCES FOR TEXT AND APPENDICES 47 APPENDIX A -- PUBLIC INVOLVEMENT INFORMATION 48 APPENDIX B -- GLOSSARY 49 APPENDIX C -- WASTEWATER TREATMENT FACILITY CLASSIFICATION WORKSHEET 53 APPENDIX D -- RESPONSE TO COMMENTS 54 APPENDIX E -- TECHNICAL CALCULATIONS 60 • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 5 of 60 INTRODUCTION The Federal Clean Water Act (FCWA, 1972, and later modifications, 1977, 1981, and 1987) established water quality goals for the navigable (surface) waters of the United States. One of the mechanisms for achieving the goals of the Clean Water Act is the National Pollutant Discharge Elimination System (NPDES) permit program, which is administered by the United States Environmental Protection Agency (USEPA). The USEPA has delegated responsibility to administer the NPDES permit program to the State of Washington (State) on the basis of Chapter 90.48 RCW which defines the Washington State Department of Ecology's (Department) authority and obligations in administering the wastewater discharge permit program. The regulations adopted by the State include procedures for issuing permits (Chapter 173-220 WAC), technical criteria for discharges from municipal wastewater treatment facilities (Chapter 173-221 WAC) and water quality criteria for surface and ground waters (Chapters 173-201A and 173-200 WAC). These regulations require that a permit be issued before discharge of wastewater to waters of the State is allowed. The regulations also establish the basis for effluent limitations and other requirements which are to be included in the proposed permit. One of the requirements (WAC 173-220-060) for issuing a permit under the NPDES permit program is the preparation of a draft permit and an accompanying fact sheet. Public notice of the availability of the draft permit is required at least thirty (30) days before the permit is issued (WAC 173-220-050). The fact sheet and draft permit are available for review (see Appendix A of the fact sheet for more detail on the Public Notice procedures). This fact sheet has been reviewed by the Permittee and errors in fact have been corrected. After the public comment period has closed, the Department will summarize the substantive comments and the response to each comment. The summary and response to comments (Appendix D) will become part of the file on the permit and parties submitting comments will receive a copy of the Department's response. The fact sheet will not be revised. Changes to the proposed permit will be addressed in Appendix D. • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 6 of 60 BACKGROUND INFORMATION DESCRIPTION OF THE FACILITY 1. HISTORY The City of Yakima (City) is located in southeastern Yakima County, approximately 30 miles south of Ellensburg, and is bounded by the Naches River to the north, the Yakima River to the east, the Town of Union Gap to the south, and unincorporated West Valley to the west. A. Main Treatment Plant The City's Publicly -Owned Treatment Plant (POTW) was originally constructed in 1936 as a primary treatment facility. Improved control of water pollution was accomplished by the separation of industrial and domestic sewage in 1955 and the associated construction of an industrial waste sprayfield: The POTW was upgraded in 1965 by the addition of trickling filter biological treatment. In 1982-1983, the City constructed four concrete activated sludge aeration basins and two secondary clarifiers in order to meet the requirements of secondary wastewater treatment. And in 1987-1988, the POTW improved the oxygen transfer in the aeration basins by the installation of a fine -bubble air diffusion system. In 1991-1996, many major POTW upgrades were made including: (1) Modification of existing outfall; (2) Construction of an oil/water separator on one of the influent sidestreams; (3) Modification of the headworks to include two new barscreens, and a solids screening compactor; (4) Replacement of the entire grit removal system; (5) Construction of a new trickling filter pump station; (6) Construction of an intermediate degritter for removing snails from trickling filter effluent prior to discharge to activated sludge aeration basins; (7) Addition of domes to trickling filters with an integrated odor control system; (8) Construction of a dechlorination facility; (9) Addition of a second centrifuge for increased sludge handling; (10) Modifications to the sludge drying beds; FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 7 of 60 (11) Enlargement of the sludge storage area; (12) Expansion of laboratory for monitoring non -conventional pollutants; (13) Secondary clarifier flocculation wells and baffles; (14) Digester mixing; (15) Digester gas storage; (16) Improved C-2 water pumping system; (17) Super -chlorination of C-2 water for meeting water reuse standards; and (18) SCADA improvements. Since issuance of the previous permit, the City has also made significant changes in its management and operation of the POTW as well as its relationship to the system's non-domestic dischargers, including: (1) Trying to amplify laboratory certification for the atomic absorption and gas chromatograph testing procedures; (2) Expanding significantly its Partial Pretreatment Program, including: a. Extensive monitoring of non-domestic discharges; b. Addition of more program -dedicated personnel; and c. Submission of various components pertaining to the ultimate delegation of a Partial Pretreatment Program from the Department; (3) Updating the Industrial User Survey (IUS); (4) Increasing personnel to allow for better overall facility operation and management; and (5) The purchase and use of various equipment for the inspection and maintenance of the collection systems. B. Industrial Waste Sprayfield The POTW industrial waste sprayfield is located on approximately 100 acres between Interstate 82 and the Yakima River, and immediately to the east and south of the main treatment plant. The sprayfield and its respective collection system were constructed in 1958 due to the overloading of the City POTW by the six original industrial wastewater dischargers (fruit and vegetable processors). Prior to the construction of the sprayfield, the high organic strength of the combined municipal/industrial wastewater had lowered the BOD removal efficiency of the POTW to an average of 25%, which allowed the discharge to the Yakima River of an effluent containing a BOD load equivalent to the raw sewage produced by 200,000 people. In 1961, the City was directed in a letter from the Washington State Pollution Control Commission (precursor • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 8 of 60 of the Department) to maintain "a 98% reduction of pollutant load" at the sprayfield site. The Industrial Waste Sprayfield has been typically used from June through November, with the industrial wastewater being treated by the main treatment facility during the rest of the year. The sprayfield was upgraded in 1988 to include new mainlines and valves on "B" and "C" bench, new rotary drum screen, new pumps, large -capacity spray nozzles; and later, during the summer of 1992, six groundwater monitoring wells were installed. In early 1996, a large portion of the sprayfield was destroyed by flooding of the Yakima River after a nearby dike broke. Repairs to the dike and sprayfield were completed during the summer of that same year. 2. COLLECTION SYSTEM STATUS The City has two separate collection systems which lead to the POTW: a sanitary and an industrial waste system. The industrial waste collection system transports process wastewater from a large fruit (pear and cherry) processing facility (Del Monte Foods Plant #125) to the POTW for subsequent application to the Industrial Waste Sprayfield. In 1992, the Hops Extract Corporation of America extraction plant was disconnected from the industrial waste sewer and connected to the sanitary sewer. Hops Extract had been discharging significant quantities of methylene chloride, a carcinogenic priority pollutant, to the City's sprayfield and was required by the Department to change its primary processing method to one which does not utilize methylene chloride. The original wastewater collection system consisted of open ditches which discharged untreated effluent directly into the Yakima River. Initial collection system construction began in 1890 and lasted until approximately 1912. The collection system was significantly increased between 1922 and 1926. The present sanitary collection system is composed of over 271 miles of vitrified clay, concrete, asbestos -concrete and PVC pipe which presently serves approximately 60,000 persons. The collection system piping incorporates diameters from 6 inches through 48 inches and introduces wastewater to the POTW from the City of Yakima, the Town of Union Gap, the Terrace Heights Sewer District and unincorporated portions of Yakima County. There were significant inflow and infiltration (I&I) problems with the collection system due to old leaky sewers, root intrusion, unlined irrigation canals, leaky irrigation water distribution lines, stormwater and non -contact cooling water connections. However the City began, in 1990, aggressively making numerous rehabilitations to different parts of collection system. Through the end of 1994, the City was able to reduce the quantity of I&I by over 2.25 mgd by spending over $1,000,000.00. The City will continue its • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 9 of 60 efforts to reduce I&I in the future, as recommended in the Comprehensive Plan, and has recently grouted over 15 miles of sewer. The proposed permit will require an I&I Evaluation Report to be submitted, to the Department, on an annual basis during the term of the proposed permit. 3. TREATMENT PROCESSES A. Main Treatment Plant The wastewater treatment process utilized by the City is composed of a headworks with barscreens, screenings compactor, grit removal, and pre - aeration; Parshall flume; primary clarification; trickling filters; diffused aeration activated sludge; secondary clarification; anaerobic digestion; centrifugal sludge dewatering; supernatant lagoons; chlorination disinfection; dechlorination; an outfall and process control buildings. Appendix C -- Wastewater Treatment Facility Classification Worksheet shows the POTW to be a Class IV facility due to its component parts and complexity of operations. The principal treatment plant operator of this system must be a Class IV wastewater treatment facility operator certified by the State of Washington. B. Industrial Waste Sprayfield The industrial wastewater which arrives at the POTW has typically undergone pretreatment through fine -mesh screens at the source, Del Monte Foods. Upon arriving at the POTW, the wastewater is further treated by a rotating fine -mesh screen which removes any larger particles which may have by-passed the discharger's pretreatment. The wastewater is then pumped to the sprayfield, where a perennial crop of grass is grown. However, when Del Monte Foods is not operating, typically December through August, the industrial waste sewer still contains small volumes of wastewater, some of which may be due to infiltration of groundwater. During most of this off-season time, the industrial wastewater is treated in the Main Treatment Plant along with the municipal sanitary sewer influent. Prior to the annual start-up of Del Monte Foods, a wastewater reuse situation occurs at the sprayfield site because the POTW claimed to be sending approximately 0.30 to 0.45 mgd of treated and disinfected (chlorinated) effluent out onto the sprayfield to maintain growth of the standing crop. This discharge • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 10 of 60 of effluent to the sprayfield, albeit seasonal, requires that the sprayfield comply with the February 1993 Water Reclamation and Reuse Interim Standards, as published by the Washington State Department of Health and the Department. An underground drain system was installed in the sprayfield which empties recovered ground water into an industrial waste pond. Effluent from the pond discharges directly into a side channel of the Yakima River at approximately River Mile 110.0. Because the pond is technically not a treatment operation of the POTW and because the point of compliance for the sprayfield is prior to the pond, the Department has determined that the pond's outfall does not presently need to be permitted. 4. DISCHARGE OUTFALL Secondary treated and disinfected effluent is discharged,to the Yakima River at River Mile 110.1 via two 24 -inch diameter steel pipes, each terminated by a 10 -inch x 34 - inch rectangular diffuser port. The POTW outfall is located approximately 30 feet offshore and at a depth of 10 feet (6.1 feet at 7Q10). 5. RESIDUAL SOLIDS The treatment facilities remove solids at the headworks (grit and screenings), and at the primary and secondary clarifiers, in addition to incidental solids (rags, scum, and other debris) removed as part of the routine maintenance of the equipment. Grit, rags, scum and screenings are drained, compacted and disposed of as solid waste at the local landfill. Solids removed from the clarifiers are treated anaerobically, dewatered and land applied under a permit from the Yakima Health District. PERMIT STATUS An application for permit issuance was received by the Department on December 28, 1993 and, after the submission of additional information, was accepted by the Department on January 5, 1994. The previous permit was administratively extended on June 29, 1993 and is still effective through the issuance date of the proposed permit. 1. MAIN TREATMENT PLANT The previous permit for this facility placed effluent limitations on Flow, 5 -day Biochemical Oxygen Demand (BODS), Total Suspended Solids (TSS), pH, Fecal Coliform Bacteria, Total Ammonia and Total Residual Chlorine. FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 11 of 60 2. INDUSTRIAL WASTE SPRAYFIELD The previous permit for this facility placed effluent limitations only on the parameter of Flow. INSPECTIONS OF THE POTW SINCE ISSUANCE OF THE PREVIOUS PERMIT 1. LAST INSPECTION The facility received its last inspection, a Class 1, on February 21, 1997. The inspection found the overall POTW to be well-maintained and the various improvements (constructions) being completed in a satisfactory manner. Because influent flows are low, typical for the time of year, several process units were not in service with some undergoing routine preventative maintenance. The only problems noted during the inspection were related to the fact that: (A) the collected wastewater samples are typically left out of properly refrigerated conditions for approximately four hours prior to laboratory analysis (noted in previous inspections); and (B) some final effluent sampling is done through a metallic pipe, potentially incompatible with some analyses, which should be cleaned regularly to prevent material from sloughing and interfering with test results. The City subsequently notified the Department (May 28, 1997 Letter from Preston, Gates & Ellis) that the first problem, noted above, has been rectified. The same letter also indicated that the City is working, and will continue to work, to address the second problem. 2. CLASS 2 INSPECTION A Class 2 inspection, conducted on October 5-7, 1992, identified the following areas of concern: A. Main Treatment Plant This inspection found that, for that day's discharge, effluent concentrations of ammonia, fecal coliform bacteria, copper, lead, and silver were all estimated to have exceeded the chronic water quality standards for surface waters (calculated without benefit of a mixing zone which is presently allowed for the POTW effluent and without using "clean" sampling techniques). • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 12 of 60 The influent wastewater was found to be receiving minimal mixing prior to its sampling point, and testing results made by both the Department and POTW staff found the plant to be exceeding its influent BODS design loading capacity. The City was instructed to begin to consider conducting a Plan for Maintaining Adequate Capacity, as per the requirements of the permit. The results of the Class 2 biomonitoring tests indicated that the effluent exhibited significant chronic toxicity: Fathead minnow growth in 100% effluent was half that of the control; while, the Ceriodaphnia dubia survival test produced a No Observable Effect Concentration (NOEC) of 25 % effluent concentration. It should be noted, however, that the City was apparently beginning operation of a new dechlorination system at the time of the inspection which may have produced adverse effects in toxicity. B. Industrial Waste Sprayfield The Class 2 inspection also found that several parameters of concern, related to the industrial wastewater, as having prevented the sprayfield from "establishing and maintaining a good stand of cover." The Adjusted Sodium Adsorption Ratio calculations "suggest moderate impact on water infiltration rates in sprayfield soils" due to wastewater application, while the pH of the industrial wastewater "was below the range for normal crop growth." Additionally, concentrations of total nitrogen "were in the range that may cause slight to moderate inhibition of crop growth." Most disturbing of all, however, were the extremely high counts of fecal coliform (190,000 to 220,000 colonies/100 ml) and total coliform (>400,000 colonies/100 ml) bacteria detected in the industrial wastewater. It was noted that a 36 -inch diameter concrete sewer pipe, disconnected from the POTW and which may be leaking, runs beneath the sprayfield and discharges directly into the Yakima River near the City's outfall #001. The Class 2 inspection report stated that: "The pipe should be investigated, the water quality characterized, and appropriate action taken." The City has recently provided information, in a May 28, 1997 letter, that indicated the pipe is for operational spills and belongs to the Old Union Irrigation Company's irrigation system. Therefore, the proposed permit will not require any further investigation of the underground concrete pipe. • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 13 of 60 SUMMARY OF COMPLIANCE WITH THE PREVIOUS PERMIT 1. MAIN TREATMENT PLANT A. Effluent Limits During the history of the previous permit, the City has remained in compliance with the effluent limits contained in the previous permit, except for fecal coliform bacteria which is noted below. On December 12, 1994 a Notice of Violation (NOV), DE 94WQ-C445 was issued to the City, which indicated exceedances of the previous permit limit for fecal coliform bacteria during the months of June, July and August of 1994. A response to the NOV was received on January 9, 1995 and contained a thorough explanation of the situation at that time, which was determined to be "nitrite lock", which resulted in a chlorine demand in excess of the capacity of the equipment and consequent inability to maintain a chlorine residual sufficient for disinfection. In September, the fecal coliform bacteria counts were back within permit limits. The Department determined that the City has "resolved the concerns" that led to the issuance of the NOV, that the situation is highly unlikely to be repeated, and took no further enforcement action. B. Partial Pretreatment Program Order 93WQ-C492 was issued to the City on October 13, 1993. The order defined those partial pretreatment program elements received by the Department and approved, as well as those elements still required to be submitted. The remaining submittals were: (1) By December 1, 1994 submit the following: a. A determination of appropriate "technically -based" fmal local limits; b. Elements of a Manual of Procedures; c. An evaluation of the financial programs, staffmg, and organization that will carry out the Pretreatment Program; and d. A statement from the City Attorney that the POTW has the authority to apply and enforce the appropriate sections of the Clean Water Act; (2) To incorporate any changes required by the Department upon review of the submitted elements; and • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 14 of 60 (3) By February 15, 1995 submit a request for Partial Pretreatment Program delegation. To date, the City has complied with the requirements contained in Order No. 93WQ-C492. C. Biomonitoring (1) Frequency Although the City was one of the first municipalities to be accredited for biomonitoring in the State of Washington, it has not remained in strict compliance with the previous permit's biomonitoring schedule. After first complying satisfactorily, the City later reduced the biomonitoring frequency on the grounds of insufficient staffing. Historically, the Department first received a letter from the City, dated August 30, 1989, which requested that the Daphnid biomonitoring frequency of 2/week be reduced to 1/week. A subsequent letter from the City, dated February 22, 1990, stated that the performance of the Daphnid bioassays were going to be reduced from the required 2/week to 1/week. Soon afterward, the City reduced its biomonitoring frequency even though the Department responded in a March 26, 1990 letter that "modification of the testing schedule requires a revision and reissuance of the entire permit", something which never occurred. Finally, in a June 7, 1993 letter, the City requested that the proposed permit stipulate quarterly bioassays instead of 2/week as contained in the previous permit due to the "non-occurrence of toxic events". The Department later agreed verbally, in a June 11, 1993 meeting with City representatives, that the present biomonitoring schedule requirement would be reduced to once -a -quarter and that the proposed permit would contain less biomonitoring than that required in the previous permit. (2) Protocols During the period from January 1992 through June 1993, before commencing 1/quarter biomonitoring, the City performed approximately sixty-five (65) acute biomonitoring tests on a 1/week basis utilizing the test species Daphnia pulex. However, none of those tests were considered valid by the Department because they were not performed in accordance with established biomonitoring protocols. • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 15 of 60 (3) Whole Effluent Toxicity (WET) Limits The few acute and chronic biomonitoring tests considered valid by the Department from 1992 through 1995, conducted at outside laboratories, demonstrated significant mortality in response to the POTW whole effluent discharged during both acute and chronic characterization testing. Although the previous permit contained none, the proposed permit will contain both acute and chronic WET limits due to the results observed in the accepted biomonitoring tests. 2. INDUSTRIAL WASTE SPRAYFIELD During the history of the previous permit, the City's sprayfield has remained in compliance with the flow effluent limit, the only limit, contained in the previous permit, even though the City noted in its 1990 Collection System and Treatment Facilities Report that "ponding is still a major problem in the Industrial Waste Sprayfield." During 1996, the information submitted by the City indicated that a total of 60,250,800 gallons were discharged to the Industrial Waste Sprayfield, although it also indicated that only 28,094,900 gallons came from Del Monte Foods Plant #125. The Department therefore assumes that the 53.4% difference in flow represents final effluent which the POTW discharges to the sprayfield in attempts to maintain a crop. The proposed permit will be significantly more stringent with respect to flow due to sprayfield ponding problems and to comply with the City's "Letter -of -Understanding" pertaining to Del Monte Foods Plant #125. The proposed permit will also require that the City comply with all of the applicable requirements of the February 1993, Water Reclamation and Reuse Interim Standards, as amended, published by the Washington State Department of Health and the Washington State Department of Ecology. WASTEWATER CHARACTERIZATION The POTW serves both domestic households and numerous large and small commercial and industrial facilities. The commercial and industrial facilities include: commercial laundries, a plywood manufacturing plant, hospitals, fresh fruit packing facilities, hops processing facilities, grocery stores, hotels, motels, photo processors, medical laboratories, car and truck washes, automotive repair facilities, dry cleaners, and numerous restaurants. POTW improvements and pretreatment activities completed during past years, since issuance of the previous permit, have resulted in significant decreases in the amount of priority pollutants found in the influent and effluent. Therefore, the Department has determined to only use the results of priority pollutant scans conducted from 1994 through 1996 for inclusion into this fact sheet. There are a number of known toxic pollutants being discharged from these industrial/commercial sources which FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 16 of 60 have been found in both the POTW influent and effluent. This may indicate that some chemical parameters are not completely treated by the processes available at the POTW, there are concerns about the potential for contamination during sampling having resulted in "false positive" results. 1. MAIN TREATMENT PLANT A. Influent The major non-domestic dischargers, based on volume, to the main treatment plant are Crystal Linen (a commercial laundry), Boise Cascade (a plywood factory/lumberyard) and two large hospitals (Memorial and Providence). The influent is typical of a slightly dilute sanitary sewage contaminated by various pollutants and is characterized, as reported during the 1996 calendar year, in Table 1. The values for Table 2 were taken from submitted priority pollutant scans conducted during 1994 through 1996. TABLE 1 -- Main Treatment Plant Influent Characteristics Parameter Units Average Value Maximal/Minimal Monthly Average BOD5 mg/L 194.2 298.0 max. BOD5 lbs/day 19,748 24,929 max. BOD5 % of design 60.4 76.2 max. Dissolved Oxygen mg/L 0.38 0.1 min. Flow mgd 12.91 18.19 max. Flow % of design. 57.9 81.6 max. pH Standard Units 6.95 6.7 min. Temperature °C 18.9 22.7 max. TSS mg/L 202.7 282.0 max. TSS lbs/day 21,101 27,799 max. TSS % of design 60.3 79.4 max. • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 17 of 60 TABLE 2 -- Results of Submitted Influent Priority Pollutant Scansl Priority Pollutant Parameter Units Average Value Maximal Value Aluminum mg/L 1.26 1.51 Barium µgIL 52.2 110.0 Calcium mg/L 20.7 24.0 Copper µg/L 83.8 110.0 Iron, mg/L mg/L 1.15 2.00 Lead µg/L N/A. 40.0 Magnesium mg/L 6.31 7.48 Manganese µg/L 29.7 42.0 Mercury µg/L N/A 1.0 Potassium mg/L 12.6 13.6 Silver µg/L N/A 28.0 Sodium mg/L 67.7 84.4 Zinc mg/L 0.180 0.380 Acetone µg/L 123.0 176.0 Benzoic acid µg/L 289.7 405.0 Benzyl alcohol µg/L 13.8 16.1 Bis-(2-chloroethoxy)methane µg/L N/A 3.76 Bis-(2-ethylhexyl)phthalate µg/L 18.5 22.2 Butylbenzylphthalate µg/L N/A 4.29 Carbon disulfide µg/L N/A 3.2 Chloroform µg/L 8.39 9.55 Coprostanol µg/L 129.7 191.0 1,4 -Dichlorobenzene µg/L N/A 1.2 Diethyl phthalate µg/L 9.63 11.2 Ethylbenzene µg/L N/A 4.91 4-Methylphenol µg/L 70.4 107.0 N-nitrosodiphenylamine µg/L N/A 3.52 Phenol µg/L 44.8 98.5 Tetrachloroethylene (PERC) µg/L 17.4 30.6 Toluene µg/L 10.7 25.1 1,1,1 -Trichloroethane µg/L N/A 2.06 Xylene µg/L 16.8 30.6 • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 18 of 60 1 All measurements found to be below the method detection limit and/or the reporting detection limit (practical quantitation limit) were eliminated from entry into this table. B. Effluent The POTW Main Treatment Plant's effluent has been of very good quality for a trickling filter/activated sludge wastewater treatment facility when referring to conventional wastewater pollutants. However, the effluent also contains several priority pollutants which may indicate that pass through of industrial and commercial chemicals is occurring, and that the POTW treatment processes are not capable of adequately treating all of those discharges. The effluent parameter concentrations discharged from the POTW into the Yakima River are characterized in the Tables 3 and 4, below. The values for the Table 3 were taken from DMRs submitted during the 1996 calendar year, except for alkalinity and hardness which were taken from the 1992 Class 2 inspection report. The values for Table 4 were taken from submitted priority pollutant scans conducted during 1994 through 1996. TABLE 3 -- Main Treatment Plant Effluent Characteristics Parameter Units Average Value Maximal/Minimal Monthly Average Alkalinity mg/L as CaCO3 N/A 160 max. Ammonia, Total mg/L as N 1.16 4.55 max. BOD5 mg/L 9.0 20.0 max. BOD5 lbs/day 969.0 1,552.9 max. BOD5 % removal 95.6 92.2 min. Chlorine, Total Residual mg/L 0.066 0.110 max. Dissolved Oxygen mg/L 7.0 6.5 min. Fecal Coliform Bacteria #colonies/100 ml 28.8 50.0 max. Hardness mg/L as CaCO3 NJA 75 max. pH Standard Units 6.8 6.6 min. Temperature °C 17.9 22.3 max. TSS mg/L 9.8 15.0 max. TSS lbs/day 1,055.2 1,352.3 max. TSS % removal 95.3 92.8 min. • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 19 of 60 TABLE 4 - Results of Submitted Effluent Priority Pollutant Scansl Priority Pollutant Parameter Units Average Value Maximal Value Aluminum µg/L 223.3 330.0 Barium µg/L 10.1 14.6 Calcium mg/L 18.31 20.5 Copper µg/L 25.3 28.3 Iron µg/L 160.8 491.0 Magnesium mg/L 5.90 7.04 Manganese µg/L 17.1 25.0 Potassium mg/L 9.54 12.0 Sodium mg/L 66.5 106.0 Zinc µg/L 61.9 93.2 Benzoic acid µg/L N/A 9.54 Bis-(2-ethylhexyl)phthalate itg/L 27.2 35.4 Chloroform itg/L 2.45 8.39 Coprostanol µg/L N/A 12.9 All measurements found to be below the method detection limit and/or the reporting detection limit (practical quantitation limit) were eliminated from entry into this table. 2. INDUSTRIAL WASTE SPRAYFIELD A. Influent The City's Industrial Waste Sprayfield receives essentially all of its wastewater from Del Monte Foods Plant #125, which processes pears and cherries. Its wastewater was characterized from the most recent NPDES application as follows in Table 5: • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 20 of 60 TABLE 5 -- Typical Characteristics of the Del Monte Foods Process Wastewater Parameter Units Monthly Average Concentration Daily Maximum Concentration BODS mg/L 5,000 7,400 Chloride mg/L 8.7 38.0 Conductivity µmho/cm 276.3 406.0 Dissolved Oxygen mg/L 4.6 1.5* Flow mgd 0.446000 0.671800 Nitrate/Nitrite mg/L as N 0.40 0.50 pH Standard Units 4.55 4.33* Potassium mg/L 46.9 78.0 Sodium mg/L 10.0 28.0 Sulfate mg/L 20.3 32.0 Sulfite mg/L 1.0 1.0 Temperature °C 35.6 45.0 TKN mg/L as N 59.5 100.0 Total Dissolved Solids mg/L 2,436 4,300 TSS mg/L 1,695 2,400 * Daily Minimum value, not a Daily Maximum value. B. Ground Water Both upgradient and downgradient ground water applicable to the Industrial Waste Sprayfield were monitored by the City during individual sampling episodes from September 1992 through September 1996, and are presented in Table 6, below: • • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 21 of 60 TABLE 6 -- Results of Ground Water Monitoring 9/92 through 12/95 data 6/96 through 9/96 data Parameter Units Upgradient Average Value Downgradient Average Value Upgradient Average Value Downgradient Average Value Alkalinity mg/L as CaCO3 82.48 106.29 N/A N/A BODS mg/L 2.09 2.54 N/A N/A Calcium mg/L 24.08 26.95 23.68 15.79 Chloride mg/L 15.60 14.05 22.83 26.76 Conductivity µmhos/cm 2,490.67 2,801.73 2,850.25 2288.0 Dissolved Oxygen mg/L 5.24 1.90 6.91 4.88 Fecal Coliform Bacteria #colonies/ 100 ml 0.81 29.48 62.50 72.25 Iron, Soluble+2 Present/ Not present No Yes No No Iron, Total µg/L 1,657.20 3,312.09 115.00 2,341.75 Magnesium mg/L 8.29 9.69 11.19 9.01 Manganese µg/L 148.28 1,196.88 30 974.63 Nitrate & Nitrite mg/L as N 3.52 2.13 12.20 0.80 Orthophosphate mg/L 0.1008 0.0692 0.1100. 0.1025 pH Standard Units 6.74 6.69 5.40 5.46 Potassium mg/L 3.05 4.69 3.82 6.39 Sodium mg/L 10.82 14.41 13.34 18.46 Sulfate mg/L 17.18 27.59 N/A N/A Temperature °C 15.28 13.24 15.65 13.19 TKN mg/L as N 0.5413 1.7207 0.2250 0.6750 Total Dissolved Solids mg/L 187.00 1,130.76 0.2255 0.1816 Total Organic Carbon mg/L 1.61 25.86 1.485 3.680 FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 22 of 60 PROPOSED PERMIT LIMITATIONS AND CONDITIONS Federal and State regulations require that effluent limitations set forth in a NPDES permit must be either technology- or water quality -based. Technology-based limitations for POTW discharges are set by regulation (40 CFR 133, and Chapters 173-220 and 173-221 WAC). Water quality -based limitations are based upon compliance with the Water Quality Standards for Surface Waters of the State of Washington (Chapter 173-201A WAC) and the Water Quality Standards for Ground Waters of the State of Washington (Chapter 173-200 WAC). The most stringent of these types of limits must be chosen for each of the parameters of concern. Each of these types of limits is described in more detail below: DESIGN CRITERIA In accordance with Washington Administrative Code (WAC) 173-220-130(1)(a), effluent limitations shall not be less stringent than those based upon the design criteria for the facility, which are contained in approved engineering plans, reports, or approved revisions. Also, in accordance with WAC 173-220-150 (1)(g), flows or waste loadings shall not exceed approved design criteria. 1. MAIN TREATMENT PLANT The design criteria for the main treatment plant are taken from the previously issued NPDES permit and are as follows: Monthly average flow (max. month): BODS influent loading (max. month): TSS influent loading (max. month): Hydraulic population equivalent: 2. INDUSTRIAL WASTE SPRAYFIELD 22.3 mgd 32,700 lbs/day 35,000 lbs/day 61,000 persons Because of the recent flood damage to the industrial waste sprayfield, and the subsequent repairs made to it, there is not presently available any reliable design criteria concerning the Industrial Waste Sprayfield. The proposed permit will require the submittal of a Sprayfield Engineering Report, which among other things will stipulate all of the applicable loading design criteria concerning the sprayfield. Until such time, the proposed permit will adapt the following interim flow, stipulated by the Permittee's March 18, 1993 Letter of Understanding with the Del Monte Foods Plant #125: Daily Maximum: 0.75 mgd. • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 23 of 60 TECHNOLOGY-BASED EFFLUENT LIMITATIONS POTWs are a category of discharger for which technology-based effluent limits have been promulgated by Federal and State regulations. These effluent limitations are given in the Code of Federal Regulations (CFR) 40 CFR Part 133 (Federal) and in Chapter 173-221 WAC (State). These regulations are performance standards that constitute "all known available and reasonable methods of prevention, control, and treatment" (AKART) for municipal wastewater discharges. The following surface water discharge technology-based limits for chlorine, pH, Fecal Coliform Bacteria, BOD5, and TSS were the most appropriate limits determined from WAC 173-221-040(1), the Department's Permit Writer's Manual, and past performance of the City's POTW: Parameter Limit pa Shall be within the range of 6.0 to 9.0 standard units. Fecal Coliform Monthly Geometric Mean Limit= 200 colonies/ 100 mL; and Bacteria: Weekly Geometric Mean Limit= 400 colonies/100 mL BOD5 and TSS: Weekly Average Limit = 45 mg/L; and Monthly Average Limit is the most stringent of: a. 30 mg/L; or b. may not exceed fifteen percent (15 %) of the average influent concentration. Chlorine: Daily Maximum Limit = 0.5 mg/L Ammonia: Monthly Average Limit = 4.16 mg/L; and Daily Maximum Limit = 12.3 mg/L The following technology-based mass limits are based on: (1) WAC 173-220-130(3)(b); (2) WAC 173-221-030(11)(b); (3) the facility's latest engineering report prepared by HDR Engineering, Inc., and (4) past performance of the facility: Monthly BOD5 effluent mass loading = Monthly TSS effluent mass loading = Maximum monthly design criterion (32,700 lbs/day) x Percent removal limitation (85%) = 4,905 lbs/day Maximum monthly design criterion (35,000 lbs/day) x Percent removal limitation (85 %) = 5,250 lbs/day • Weekly BOD5 effluent mass loading = 1.5 x Monthly BOD5 effluent mass loading = 7,358 lbs/day • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 24 of 60 Weekly TSS effluent mass loading = 1.5 x Monthly TSS effluent mass loading = 7,875 lbs/day SURFACE WATER QUALITY -BASED EFFLUENT LIMITATIONS In order to protect existing water quality and preserve the designated beneficial uses of Washington's surface waters, WAC 173-201A-060 states that waste discharge permits shall be conditioned such that the discharge will meet established Surface Water Quality Standards. The Water Quality Standards for Surface Waters of the State of Washington (Chapter 173- 201A WAC) is a State regulation designed to protect the beneficial uses of the surface waters of the State. 1. NUMERICAL CRITERIA FOR THE PROTECTION OF AQUATIC LIFE "Numerical" water quality criteria are numerical values set forth in the Water Quality Standards for Surface Waters of the State of Washington (Chapter 173-201A WAC). They specify the levels of pollutants allowed in a receiving water while remaining protective of aquatic life. "Numerical" criteria set forth in the Water Quality Standards are used along with chemical and physical data for the wastewater and receiving water to derive the effluent limits in the discharge permit. When surface water quality -based limits are more stringent or potentially more stringent than technology-based limitations, they must be used in a permit. 2. NUMERICAL CRITERIA FOR THE PROTECTION OF HUMAN HEALTH The State was issued ninety-one (91) "numerical" water quality criteria for the protection of human health by the USEPA (USEPA 1992) under the National Toxics Rule. These criteria are designed to protect humans from cancer, and other disease, and are primarily applicable to fish and shellfish consumption and drinking water from surface waters. 3. NARRATIVE CRITERIA In addition to "numerical" criteria, "narrative" water quality criteria (WAC 173-201A- 030) limit toxic, radioactive, or deleterious material concentrations below those which have the potential to: (a) adversely affect characteristic water uses; (b) cause acute or chronic toxicity to biota; (c) impair aesthetic values; or (d) adversely affect human health. "Narrative" criteria protect the specific beneficial uses of all fresh (WAC 173- 201A-130) and marine (WAC 173-201A-140) waters in the State of Washington. FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 25 of 60 4. ANTIDEGRADATION The State's Antidegradation Policy requires that discharges into a receiving water shall not further degrade the existing water quality of the water body. In cases where the natural conditions of a receiving water are of lower quality than the criteria assigned, and only when there are present obvious beneficial uses for the ambient receiving water, the natural conditions shall constitute the water quality criteria. Similarly, when the natural conditions of a receiving water are of higher quality than the criteria assigned, the natural conditions shall constitute the water quality criteria. More information on the State's Antidegradation Policy can be obtained by referring to WAC 173-201A-070. 5. "CRITICAL" CONDITIONS Surface water quality -based limits are derived for the waterbody's "critical" conditions, which represents the receiving water and wastewater discharge conditions with the highest potential for adverse impact on the aquatic biota, human health, and existing or characteristic water body uses. 6. MIXING ZONES The Surface Water Quality Standards allow the Department, in establishing water quality -based effluent limits around a point of discharge, to authorize mixing zones for only those discharges that are receiving AKART and which are also in accordance with the other applicable mixing zone requirements (i.e. geometric configuration, flow restriction) of WAC 173-201A-100. Both acute and chronic mixing zones may be authorized for pollutants that can have a toxic effect on the aquatic environment near the point of discharge. The concentration of pollutants at the boundary of these mixing zones may not exceed the "numerical" criteria for that type of zone. The City's consulting engineer (HDR Engineering, Inc.), in the March 11, 1993 Effluent Mixing Zone Study Report, estimated the dilution factors for both the acute and chronic mixing zones at varying receiving water flows. The acute and chronic dilution factors found at the actual, during -the -study, flow (860 cfs) were 5 and 14, respectively. While, the acute and chronic dilution factors calculated by the engineering report at an assumed lowest -flow of 1,000 cfs were 6 and 16, respectively. However, all of the dilution factors calculated by the engineering report did incorporate the State requirements as contained in WAC 173-201A-100, wherein it is expressly forbidden to exceed 25 % (chronic) and 2.5 % (acute) of the receiving water flow. • The Department's Environmental Investigations and Laboratory Services Program (EILS) has determined the 7Q10 (lowest seven-day average river flow with a • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 26 of 60 recurrence interval of ten years) of the Yakima River (USGS 12500405) to be 632 cfs based on flow monitoring data for the period of record 1968 to 1995. The Department used this last calculated 7Q10 value in conjunction with subsequent velocity data provided in a May 27, 1997 letter from HDR Engineering, Inc. for determining that the proposed permit's acute and chronic mixing zone dilution factors should be 1.51 and 6.61, respectively (using the RIVPLUME5 computer model). It is important to note that the acute dilution factor was limited by 2.5% of the 7Q10 flow of the Yakima River, and the chronic dilution factor was limited by 25 % of the 7Q10 flow of the Yakima River. The National Toxics Rule typically allows chronic mixing zones, different from that calculated for aquatic life, to be used to meet the separate criteria for human health which includes both carcinogenic and non -carcinogenic toxic pollutants. Data from the same period of record (as 7Q10) were utilized in determining the other applicable receiving water flows and velocities for calculation of the final effluent dilution factors for human health. Table 7, below, indicates all of the pertinent receiving water data used for calculating both aquatic life -based and human health -based dilution factors. TABLE 7 -- Flows Used in Determining Effluent Limits for River Discharge Parameter Acute Aquatic Life -based Limits Chronic Aquatic Life- based Limits Human Health Carcinogenic Limits Human Health Non -Carcinogenic Limits POTW Effluent Flows Highest Actual Daily Maximum Flow During the Past 3 Years = 30.775 cfs Highest Actual Monthly Average Flow During the Past 3 Years = 28.145 cfs Average Annual Design Flow = 21.198 cfs Highest Actual Monthly Average Flow During the Past 3 Years = 28.145 cfs Yakima River Flows 7Q10 Flow and Velocity = 632 cfs and 3.07 fps 7Q10 Flow and Velocity = 632 cfs and 3.07 fps Harmonic Mean Flow and Velocity = 2320 cfs and 4.05 fps 30Q5 Flow and Velocity = 920 cfs and 3.60 fps Calculated Dilution Factors 1.51 6.61 10.27 7.33 FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 27 of 60 7. DESCRIPTION OF THE RECEIVING WATER The Main Treatment Plant discharges to the Yakima River, which is designated as a freshwater Class A receiving water in the vicinity of the outfall (#001). The characteristic beneficial uses of the receiving water include the following: water supply (domestic, industrial, agricultural); stock watering; fish migration; fish, crustacean and shellfish rearing, spawning and harvesting; wildlife habitat; primary contact recreation; sport fishing; boating and aesthetic enjoyment; commerce and navigation. Water quality of this class shall meet or exceed the requirements for all or substantially all uses. The segment of the Yakima River, to which the City's effluent discharges, is on the Department's 303(d) list for violations of Fecal Coliform Bacteria, DDT, 4,4' -DDE, Dieldrin and pH. The Department has determined that no significant receiving water problems will result from the discharge if the effluent limits contained in the proposed permit are met. 8. SURFACE WATER QUALITY CRITERIA Applicable criteria are defined in Chapter 173-201A WAC for aquatic biota. In addition, USEPA has promulgated human health criteria for toxic pollutants under the National Toxics Rule. Criteria for this discharge are summarized below: Fecal Coliforms Dissolved Oxygen Temperature pH Turbidity Toxics • 100 colonies/100 mL maximum geometric mean. 8 mg/L minimum. 21 °C maximum (special condition). 6.5 to 8.5 standard units. Shall not exceed 5 NTU over background turbidity when the background is 50 NTU or less, or have more than 10% increase in turbidity when the background is more than 50 NTU. No toxics in toxic amounts. FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 28 of 60 9. CONSIDERATION OF SURFACE WATER QUALITY -BASED LIMITS FOR NUMERIC CRITERIA A. Main Treatment Plant Pollutants in a wastewater effluent may affect the aquatic environment near the point of discharge (near -field), or at a considerable distance downstream from the point of discharge (far -field). Toxic pollutants, for example, are near -field pollutants: their adverse effects diminish rapidly with mixing in the receiving water. Conversely, a pollutant such as BOD is a far -field pollutant: whose adverse effect occurs away from the discharge point even after dilution has occurred. Thus, the method of calculating water quality -based effluent limits varies with the point at which the pollutant has its maximum effect. The derivation of water quality -based limits would also take into account the variability of the pollutant concentrations in both the effluent and the receiving water at "critical" conditions. Water quality -based effluent limitations are typically based on an individual waste load allocation (WLA) as outlined in Appendix E. Ambient data at "critical" conditions, except for the Department -calculated flows and velocities, were taken or calculated from information provided by the March 11, 1993 Effluent Mixing Study Report and assumed to coincide with the season of 7Q10. Table 8, below, shows the POTW effluent and ambient parameter values taken from the DMRs submitted during calendar year 1996, except as otherwise noted. • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 29 of 60 TABLE 8 — Data Used in Calculation of Numeric Effluent Limits' Parameter Units Receiving Water Maximum Value Effluent Maximum Value Alkalinity mg/L as CaCO3 47.02 1602 Ammonia, Total mg/L as N 0.298' 15.1 Chlorine, Total Residual mg/L 0.00J 0.11 Dissolved Oxygen mg/L 8.4 6.5 Fecal Coliform Bacteria #colonies/100 ml 74.0 50.0 Flow, Harmonic Mean cfs 2,320 N/A Flow, 30Q5 cfs 920 N/A Flow, 7Q10 cfs 632 34.5 Hardness mg/L as CaCO3 47.02 752 pH Standard Units 8.0j 6.9 Temperature °C 17.0 22.3 Velocity, Harmonic Mean fps 4.054 N/A Velocity, 30Q5 fps 3.604 N/A Velocity, 7Q10 fps 3.074 N/A Cadmium µg/L 0.20J 0' Copper µg/L 0.933j 28.33 Iron µg/L 03 491.0' Zinc µg/L 03 93.23 Bis-(2-ethylhexyl)phthalate µg/L 0.0 35.4' Chloroform µg/L 0.0 4.243 1 All measurements found to be below the method detection limit and/or the reporting detection limit (practical quantitation limit) were eliminated from entry into this table. 2 Value was taken from the October 1992 Class 2 Inspection Report (Department of Ecology). 3 Value was taken from the March 11, 1993 Effluent Mixing Zone Study Report (HDR Engineering, Inc.). a Value was taken from the additional Mixing Zone information submitted to the Department in a letter dated May 27, 1997 from HDR Engineering, Inc. 5 Value was taken from the Priority Pollutant scans submitted to the Department from 1994 through 1996 by the City. • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 30 of 60 The Department has determined, that even with the AKART technology-based controls, some toxic pollutant concentrations in the POTW discharge have a reasonable potential to exceed either the water quality criteria or the National Toxics Rule human health criteria. The resulting impacts of the discharge on receiving water dissolved oxygen, temperature, pH, fecal coliform bacteria, and other toxics were all determined at "critical" conditions. The results are given below: Dissolved Oxygen and BOD5 Under "critical" conditions there is no prediction of a violation of the water quality standards for dissolved oxygen criterion in the receiving water. Therefore, the proposed permit will contain the technology-based BOD5 limitation. Temperature Under "critical" conditions there is no predicted violation of the water quality standards for surface waters (special criterion of 21°C). Therefore, the proposed permit will not contain any temperature limitation. Under "critical" conditions there is no predicted violation of the pH criterion for surface waters with the secondary treatment technology-based limit of 6.0 to 9.0. Therefore, the technology-based effluent limitation for pH was placed in the proposed permit. Fecal Coliform Bacteria Under "critical" conditions, there is no predicted violation of the fecal coliform bacteria criteria for surface waters with the technology-based limits. Therefore, the technology-based effluent limitations for fecal coliform bacteria were placed in the proposed permit. Toxic Pollutants Federal regulations (40 CFR 122.44) require NPDES permits to contain effluent limits for toxic chemicals whenever there is a reasonable potential for those chemicals to exceed the receiving surface water quality criteria. This process occurs concurrently with the derivation of technology-based effluent limits. • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 31 of 60 Facilities with technology-based effluent limits defined in regulation are not exempted from meeting the water quality standards for surface waters, or from having surface water quality -based effluent limits. The pollutants were evaluated at "critical" conditions with procedures given in EPA, 1991 and as described in Appendix E of this fact sheet. Based on data submitted by the City, the Department determined that ammonia and chlorine were in the POTW effluent in concentrations which have a reasonable potential to exceed the water quality criteria for surface waters. Therefore, potential water quality -based effluent limits were derived for ammonia and chlorine and are listed in Table 9, below: TABLE 9 -- Potential Water Quality -based Effluent Limits Parameter Units Daily Maximum Limit Monthly Average Limit Ammonia, Total mg/L 15.2 8.65 Chlorine, Total Residual µmg/L 28.8 12.1 Ammonia The potential water quality -based Total Ammonia effluent limits, above, are less stringent than the technology-based limits derived from an analysis of past performance. Therefore, the technology-based Total Ammonia effluent limits will be placed into the proposed permit. Chlorine The potential water quality -based Total Residual Chlorine effluent limits, below, are more stringent than the technology-based limits. Therefore, the water quality -based Total Residual Chlorine effluent limit will be placed into the proposed permit. The available data for the pollutants included in Tables II and III of Appendix D in 40 CFR122 were of inadequate sensitivity or doubtful validity, therefore a new evaluation of the potential for the discharge of toxic substances in sufficient • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 32 of 60 quantities to result in a reasonable potential to violate the water quality standards will be required. The evaluation will be done in two stages, identifying pollutants which are measurable, at appropriate levels, in the effluent followed by a determination of background concentrations in the Yakima River (receiving water) and the appropriate effluent limits. The schedule requires that this be completed by the time the application for delegation of authority to administer a fully delegated Pretreatment Program is submitted. The City will have the option to continue to sample the effluent and receiving water to improve the certainty in the determination of the effluent limits. At the same time that the effluent concentrations required to protect water quality are established, the City will be required to adopt revised local limits. The water quality based effluent limits for the toxic pollutants (in addition to the limits already established for ammonia and chlorine) identified in this study will become enforceable permit limitations following a suitable period for identifying the principal sources of the pollutants and issuing permits and other enforcement mechanisms on the identified sources. B. Industrial Waste Sprayfield Historically, the Industrial Waste Sprayfield has not satisfactorily treated the applied industrial wastewater which has resulting in degradation of the site's groundwater. Therefore, the proposed permit will require the submittal of a Sprayfield Engineering Report and the completion of all constructions required by that report, which may include industrial waste pretreatment. The Sprayfield Engineering Report will, at least, set forth the sprayfield's loading criteria, as well as summarizing the requirements for properly managing the application of wastewater to the City's Industrial Waste Sprayfield, as per a Sprayfield Operations and Maintenance Plan. The overall engineering report, which must be approved by the Department, will be required to meet all of the requirements as outlined in Chapter 4 of the Department's publication, Guidelines for Preparation of Engineering Reports for Industrial Wastewater Land Application Systems, which is entitled "Detailed Engineering Report", as well as address all of the applicable requirements of the Water Reclamation and Reuse Interim Standards. 10. WHOLE EFFLUENT TOXICITY The water quality standards for surface waters require that the effluent not cause toxic effects in the receiving waters. Many toxic pollutants cannot be detected by commonly available detection methods. However, toxicity can be measured directly by exposing living organisms to the wastewater in laboratory tests and measuring the response of the organisms. Toxicity tests measure the aggregate toxicity of the whole effluent, and t FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 33 of 60 therefore this approach is called whole effluent toxicity (WET) testing. Some WET tests measure acute toxicity and other WET tests measure chronic toxicity. A. Most Sensitive Test Organism An October 30, 1989 letter from the Metro Environmental Laboratory to the City indicated that Ceriodaphnia dubia were significantly more sensitive than the other organisms tested, including Daphnia pulex, the test organism typically utilized in the POTW on-site laboratory's biomonitoring tests. This same conclusion was reinforced by the results of the October 1992 Class 2 inspection, wherein Ceriodaphnia dubia was determined to be significantly more sensitive than the other test organism, fathead minnow. Finally, the acute and chronic biomonitoring characterization tests conducted by the City from 1992 through 1995 (at off-site laboratories) produced the results found below in Table 10: TABLE 10 -- Test Organism Survival Rates * Valid chronic tests were not available, or were not conducted. Therefore, the Department has concluded that Ceriodaphnia dubia is the most sensitive test organism for the City's WET testing, and the proposed permit will require the utilization of that same test organism for both the acute and chronic WET compliance monitoring. B. Acute Toxicity Acute toxicity was measured during effluent characterization required by the previous permit. Acute toxicity was found to be at levels that, in accordance with WAC 173-205-050(2)(a), have a reasonable potential to cause receiving Average Acute Test Results Average Chronic Test Results Test Organism % Survival % Survival % Growth/ Reproduction Ceriodaphnia dubia 58.3 33.3 27.1 Daphnia pulex 100.0 N/A* N/A Fathead minnow 96.7 100.0 75.0 Rainbow trout 100.0 N/A N/A * Valid chronic tests were not available, or were not conducted. Therefore, the Department has concluded that Ceriodaphnia dubia is the most sensitive test organism for the City's WET testing, and the proposed permit will require the utilization of that same test organism for both the acute and chronic WET compliance monitoring. B. Acute Toxicity Acute toxicity was measured during effluent characterization required by the previous permit. Acute toxicity was found to be at levels that, in accordance with WAC 173-205-050(2)(a), have a reasonable potential to cause receiving • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 34 of 60 water toxicity. An acute WET limit is therefore required and will be set relative to the zone of acute criteria exceedance (acute mixing zone) allowed by the Department in accordance with WAC 173-201A-100. The acute WET limit is no statistically significant difference in test organism survival between the acute critical effluent concentration (ACEC), which is the concentration of effluent existing at the boundary of the acute mixing zone (66.2% effluent) during critical conditions, and the control. Monitoring for compliance with an acute WET limit is accomplished by conducting acute WET tests using a sample of effluent diluted to equal the ACEC, and comparing test organism survival in the ACEC to test organism survival in non-toxic control water. The Permittee is in compliance with the acute WET limit if there is no statistically significant difference in test organism survival between the ACEC and the control. C. Chronic Toxicity Chronic toxicity was measured during effluent characterization required by the previous permit. Chronic toxicity was found to be at levels that, in accordance with WAC 173-205-050(2)(a), have a reasonable potential to cause receiving water toxicity. A chronic WET limit is therefore required and will be set relative to the zone of chronic criteria exceedance (chronic mixing zone) allowed by the Department in accordance with WAC 173-201A-100. The chronic WET limit is no statistically significant difference in test organism response between the chronic critical effluent concentration (CCEC), which is the concentration of effluent existing at the boundary of the chronic mixing zone (15.1 % effluent) during critical conditions, and the control. Monitoring for compliance with a chronic WET limit is accomplished by conducting chronic WET tests using a sample of effluent diluted to equal the CCEC, and comparing test organism response in the CCEC to organism response in non-toxic control water. The Permittee is in compliance with the chronic WET limit if there is no statistically significant difference in test organism response between the CCEC and the control. 11. HUMAN HEALTH The POTW effluent contains bis-(2-ethylhexyl)phthalate (a carcinogenic) which was found at a concentration level considered by the Department to be "of concern" because of its reasonable potential to exceed the human health water quality criteria as given in the National Toxics Rule. However, the sampling and testing procedures utilized by the City may have compromised the previously collected effluent data (read previous section concerning Toxic Pollutants). The proposed permit will require sampling and testing of the effluent using suitable methods to identify any pollutants at • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 35 of 60 concentration levels of concern (pass through). The Pretreatment Program, which the City is requesting authority to administer, requires that local limits be established for any pollutants which have been identified to have a potential to pass through the POTW. Establishing and enforcing the requisite local limits will identify the sources of and require actions to reduce the discharge of pollutants which have been identified as having the potential to exceed the human health water quality criteria. GROUND WATER QUALITY LIMITATIONS The Department has promulgated ground water quality standards (Chapter 173-200 WAC) to protect beneficial uses of ground water. Permits issued by the Department shall be conditioned in such a manner so as not to allow violations of those standards (WAC 173-200- 100) Ground water monitoring wells (MWs) were installed, in 1992, because the City noted that Industrial Waste Sprayfield operations appeared to be causing negative impacts (anaerobic conditions) to the downgradient ground water quality. The Preliminary Engineering Report and Water Quality Monitoring Work Plan (CH2M Hill) stipulated that the sprayfield would contain two sets of three (3) in-line MWs, as indicated in Table 11, below: TABLE 11 -- Industrial Waste Sprayfield Ground Water Monitoring Well Locations Set of MWs Upgradient Well (Far west side) Middle Well Far Downgradient Well (Far east side) North MW #1 MW #2 South MW #4 MW #5 MW #3 MW #6 The middle MWs were hypothesized "to assess ground water impacts in the saturated zone directly beneath the sprayfield"; while the far downgradient MWs, bordering the Yakima River, were hypothesized to "evaluate potential impacts from the sprayfield that may be migrating" to the Yakima River. The City, in a March 26, 1993 letter, indicated that it had stopped monitoring MW #22 (yard pump station) because of no contamination ever being detected there. However, that monitoring well was specifically chosen by the Department to be a source of `control' well water and was, therefore, never expected to indicate contamination, as indicated in a letter from the Department dated January 6, 1993. Later in a January 25, 1996 letter, the City • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 36 of 60 stated that it went to a reduced sampling regime during the sprayfield's off-season (December - July) stating that: "We will no longer run certain analyses." Those actions were taken principally due to the fact that POTW staff had repeatedly found "no adverse effects from sprayfield operations" and that "there appears to be no significant difference between downgradient and upgradient wells". However, the August 1992 Preliminary Engineering Report and Water Quality Monitoring Work Plan, the May 1993 Soil Suitability Investigation, and the 1995 Industrial Wastewater Land Application System Suitability Study ,(all of which were prepared by CH2M Hill) appear to contradict those conclusions. The above -listed studies determined that the sprayfield was notcapable of satisfactorily treating the industrial wastewater, and that there actually was degradation of the downgradient ground water. The major problems with the Industrial Waste Sprayfield, as determined by the CH2M Hill studies, were: 1. The current site has been operated beyond its soil/treatment capacity for both hydraulic and solids loadings during the maximum flow period of October and November, when discharges to the sprayfield exceeded, by 12.7 million gallons, the recommended irrigation rates which has resulted in odors and ponding (recorded by City staff as far back as, 1990). Also saturated and anaerobic soil conditions have apparently existed for long periods of time which increases the mobility of metals and has led to ground water degradation; 2. Monitoring observations have confirmed that ground water degradation occurs downgradient and underneath the sprayfield through increases in BOD, TOC, iron, manganese, and alkalinity; 3. Additional industrial pretreatment of the Del Monte Foods wastewater and extensive sprayfield rehabilitation will be needed in order to re-establish the capability of the Industrial Waste Sprayfield to provide adequate wastewater treatment; and 4. A change in the sprayfield system operation, such as storage, may need to be developed to better balance the irrigation of wastewater throughout the year, rather than during the short Del Monte Foods packing season. The Department conducted an analysis of ground water monitoring data, from both upgradient and downgradient MWs, submitted by the City from 27 sampling episodes conducted between September 1992 and December 1995, and for comparison, those sampling episodes during 1996. Table 12, below, shows for each group of data the percent decrease/increase of the monthly downgradient average values scaled by the same month's upgradient average values. To offset the amount that a few high values may have overly -influenced the table percentages, the percent of the time that the differences were in the same direction is also presented for each parameter. • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 37 of 60 TABLE 12 -- Comparison of Upgradient and Downgradient Groundwater Parameters * Prime, highly indicative parameter of groundwater contamination. Secondary indicative parameter of groundwater contamination. ** From the data presented in Table 12, the Department has determined that great improvement in the sprayfield's general groundwater condition has occurred between 1996 and the previous years, as seen by a lack of observed soluble iron, and decreases in total organic carbon and 9/92 through 12/95 data 6/96 through 9/96 data Parameter* Average % Difference in Concentration of Downgradient From Upgradient Samples Average % Occurrence of Actual Difference in Downgradient Samples Average % Difference in Concentration of Downgradient From Upgradient Samples Average % Occurrence of Actual Difference in Downgradient Samples Manganese* + 707.2 100 + 3,148.8 93.8 Iron, Soluble+L + 100.0 100 0 0 Dissolved Oxygen* - 63.7 100 - 29.4 100 Temperature CDC)* - 13.4 92.3 - 15.7 81.3 Potassium + 53.8 87.5 + 67.3 68.8 Nitrate & Nitrite as N - 39.5 87.5 - 93.4 87.5 Alkalinity as CaCO3 + 28.9 85.2 N/A N/A Sodium + 33.2 83.3 + 38.4 31.3 Total Organic Carbon** + 1,506.2 82.6 + 147.8 62.5 Iron, .Total** + 99.9 .79.2 + 1,936.3 81.3' Sulfate + 60.6 79.2 N/A N/A Orthophosphate - 31.3 75.0 - 6.8 50.0 TKN as N** + 217.9 73.9 + 200.0 75.0 Conductivity + 12.5 65.4 - 19.7 68.8 Magnesium + 16.9 58.3 - 19.5 50.0 Total Dissolved Solids + 504.7 50.0 - 19.5 56.3 Calcium + 3.7 50.0 - 33.3 87.5 pH - 0.7 46.2 + 11.1 68.8 Chloride - 9.9 45.8 + 17.2 25.0 Fecal Coliform Bacteria + 3,539.5 40.1 + 15.6 18.8 BODS + 39.4 33.3 N/A N/A * Prime, highly indicative parameter of groundwater contamination. Secondary indicative parameter of groundwater contamination. ** From the data presented in Table 12, the Department has determined that great improvement in the sprayfield's general groundwater condition has occurred between 1996 and the previous years, as seen by a lack of observed soluble iron, and decreases in total organic carbon and FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 38 of 60 fecal coliform bacteria occurrences. However, the sprayfield is still not capable of adequately treating the applied wastewater as determined by the continuance of significant degradation of the sprayfield groundwater. The Department has determined (as did the 1995 Industrial Wastewater Land Application System Suitability Study by CH2M Hill) that the City's discharge to the Industrial Waste Sprayfield has caused, and continues to cause, significant degradation of the State's ground water. From all of the parameters listed above, changes in the following prime parameters were highly indicative of the degradation of downgradient ground water when compared to respective upgradient ground water: increased manganese, decreased dissolved oxygen and decreased temperature. Those parameters with slightly less correlation to groundwater contamination were increases in total organic carbon (TOC), total iron, and TKN. Even though any one of the above-mentioned parameters, by itself, is a fairly certain indicator of anaerobic conditions in the ground water, the entire collection of all of these co- occurring chemical and biological parameters definitively indicates that the seasonal application of industrial wastewater is degrading the local ground water. The 1996 groundwater data, also brought to the attention of the Department the possible short- circuiting, or over application, of wastewater to the area of the sprayfield adjacent to MW #5. The groundwater sampled from that monitoring well has shown: (1) significantly higher than expected temperatures, total organic carbon, total kjeldahl nitrogen, conductivity, fecal coliform bacteria, potassium, sodium, chloride; and (2) slightly higher than expected total dissolved solids, and magnesium. In general, it is becoming standard practice to pretreat fruit and most other food processing wastewaters, prior to land application, m order to comply with the State's ground water antidegradation policy which stipulates that all contaminants proposed for entry into said waters shall be provided with AKART. However, this is not presently occurring in conjunction with industrial wastewater applied to the City's Industrial Waste Sprayfield. In contrast to this situation, Tree Top, Inc., located near the City of Selah, aerobically pretreats similar fruit wastes prior to sprayfield application and has not observed significant degradation of downgradient ground water during various years of continuous operation. The Department has determined that the City's discharge to the Industrial Waste Sprayfield, if not modified, will continue to have a potential to violate the State's Ground Water Quality Standards. Therefore, the proposed permit will require the City to: 1. Complete and submit, to the Department, an approved Sprayfield Engineering Report by July 1, 1999; 2. Complete all necessary construction and operational changes required by the Sprayfield Engineering Report by July 1, 2001; 3. If the Department -approved Sprayfield Engineering Report determines that pretreatment of the applied wastewater is necessary, then such report shall also contain a FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 39 of 60 pretreatment component which shall indicate how the City proposes to assure satisfactory pretreatment of the industrial wastewater prior to its application to the Industrial Waste Sprayfield; 4. Issue, by July 1, 2001, to Del Monte Foods Plant #125 an updated Letter -of - Understanding, or equivalent control mechanism, which shall detail all of the applicable effluent limits for that facility's discharges to the Industrial Waste Sewer System; and 5. Continue monitoring the sprayfield's ground water and soil in strict accordance with the latest Department -approved version of the Sprayfield Operations and Maintenance Plan. COMPARISON OF EFFLUENT LIMITS WITH THE PREVIOUS PERMIT 1. MAIN TREATMENT PLANT The final effluent limits contained in both the previous permit and the proposed permit are indicated below in Table 13: TABLE 13 -- Effluent Limits Contained in both the Previous and Proposed Permits for Discharges to the Yakima River Existing Permit Limits Proposed Permit Limits Parameter Units Monthly Average Monthly Average Daily Maximum BODS mg/L; (lbs/day) 30; (4,779) 30; (4,905) N/A TSS mg/L; (lbs/day) 30; (5,250) 30; (5,250) N/A Fecal Coliform Bacteria #colonies/100 ml 200 200 N/A pH Standard Units Shall not be outside the range of 6.0 to 9.0 standard units Shall not be outside the range of 6.0 to 9.0 standard units Ammonia, Total mg/.L Variable 4.16 12.3 Chlorine, Total Residual mg/L Non -numerical 0.012 0.029 FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 40 of 60 The previous permit also,contained a requirement for the City to conduct biomonitoring for characterizing the POTW effluent. Because significant toxicity was encountered during many of the valid biomonitoring tests using the test organism Ceriodaphnia dubia, the City will be required to comply with both acute and chronic WET limits in the proposed permit. Those WET limits, for monthly compliance monitoring, are as follows in Table 14: TABLE 14 -- Whole Effluent Testing Effluent Limits 1 Parameter Acute WET Testing 1 Limit No significant difference in test organism survival between the ACEC and the control. ACEC = 66.2% effluent. Chronic WET Testing No significant difference in test organism response between the CCEC and the control. CCEC = 15.1% effluent. 2. INDUSTRIAL WASTE SPRAYFIELD The previous permit contained only a limitation on flow to the sprayfield. The proposed permit will continue to contain only a flow limitation as an interim permit limit through June 30, 2001. By July 1, 2001, the City is required to have all construction, required of the Sprayfield Engineering Report, completed and functioning. As of this same last date, the proposed permit's final effluent limitations will be in force and will have been determined from the Department -approved Sprayfield Engineering Report. MONITORING AND REPORTING Effluent monitoring, recording, and reporting are required (WAC 173-220-210 and 40 CFR 122.41) to verify that the treatment process is functioning correctly and the effluent limitations are being achieved. The monitoring and testing schedule is detailed in the proposed permit under Condition S2. Specified monitoring frequencies take into account the quantity and variability of discharge, the treatment method, past compliance, significance of pollutants, and cost of monitoring. The proposed permit's required monitoring frequency is consistent with agency guidance given in the current version of the Department Permit Writer's Manual for a trickling filter/activated sludge treatment facility. • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 41 of 60 The proposed permit will contain a reduced monitoring frequency required for the POTW Main Treatment Plant when compared to the previous permit's monitoring requirements due to: 1. An excellent history of complying with the previous permit's effluent limits; 2. Operated significantly below the effluent limits of 30/30 mg/L for both BODS and TSS; and 3. An excellent operation and maintenance (O&M) program for the Main Treatment Plant. OTHER PERMIT CONDITIONS PREVENTION OF FACILITY OVERLOADING Overloading of the POTW is a violation of the terms and conditions of the proposed permit. To prevent this from occurring, RCW 90.48.110 and WAC 173-220-150 require the Permittee to take the actions detailed in Condition S4. to plan expansions or modifications before existing capacity is reached, and to report and correct conditions that could result in new or increased discharges of pollutants. Condition S4. also restricts the amount of flow. OPERATION AND MAINTENANCE (O&M) The proposed permit contains Condition S5. as authorized under RCW 90.48.110, WAC 173- 220-150, Chapter 173-230 WAC, and WAC 173-240-080. It is included to ensure adequate and proper operation and regular maintenance of equipment, and to ensure that adequate safeguards are taken so that POTW is used to its optimum potential in terms of pollutant capture and treatment. RESIDUAL SOLIDS HANDLING To prevent water quality problems the Permittee is required in Condition S7. to store and handle all residual solids (grit, screenings, scum, sludge, and other solid waste) in accordance with the requirements of RCW 90.48.080, the State water quality standards and the Yakima Health District. Requirements for monitoring sewage sludge and recordkeeping are included in the proposed permit. This information shall be used by the City to develop, or update, local limits and is also required under 40 CFR Part 503. The final use and disposal of sewage sludge from the POTW is regulated by USEPA under 40 CFR Part 503. The land application of such sewage sludge (biosolids) requires a valid permit obtained from the Yakima Health District. • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 42 of 60 PRETREATMENT Under the terms of the addendum to the Memorandum of Understanding between Washington Department of Ecology and the United States Environmental Protection Agency, Region 10 (1986), the Department has been delegated authority to administer the National Pretreatment Program in the State of Washington. The Department serves as the Control Authority for non - delegated and partially -delegated POTWs. The Department has been working with the Permittee in administration of a Partial Pretreatment Program. The Department will oversee the program to assure compliance with Federal pretreatment regulations (40 CFR Part 403) and categorical standards, and State regulations (Chapter 90.48 RCW and Chapter 173-216 WAC), and will retain the issuance and enforcement of wastewater discharge permits for industrial users until the Pretreatment Program is fully delegated to the Permittee. The Department is committed to providing assistance to the City in fulfilling its obligation to complete a number of other pretreatment functions [40 CFR Part 403], in particular: (1) performing an Industrial User Survey (IUS); (2) notification of industrial users of pretreatment regulations ; (3) development of a Sewer Use Ordinance (SUO); (4) development of local limits; and (5) submission of an annual Pretreatment Report to the Department (Control Authority). As the City has indicated a desire to phase into a fully delegated pretreatment program, the proposed permit will require submittal of an application for delegation of the authority to administer a complete Pretreatment Program by July 1, 2000. The Department is obligated to provide a preliminary determination of the completeness of the application within 60 days, but does not expect to complete the acceptance and delegation procedures before issuance of the renewal permit in 2002. 1. Industrial User Survey Industrial users are dischargers whose process wastewater does not have the same, or essentially the same, characteristics (composition and strength) as domestic sewage. Industrial users are also referred to as "indirect dischargers" because the ultimate discharge to the receiving water is through another facility (a POTW). The categories of industrial users include: Significant Industrial Users (SIUs), minor industrial users (MIUs) and insignificant industrial users (IIUs). A. SIUs are industrial users which meet, at least, one of the following criteria: (1) Discharge wastewater from a process regulated under the Categorical Pretreatment Standards contained in 40 CFR 403.6 and/or 40 CFR chapter I, subchapter N; • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 43 of 60 (2) Discharge wastewater which meets, at least, one of the following criteria: a. Daily average process wastewater flows exceeds 25,000 gallons per day (excluding sanitary, non -contact cooling water and boiler blowdown wastewater); or b. Maximum daily discharge volume which exceeds 5% of the average dry weather hydraulic or organic capacity of the POTW; or (3) Is deemed by the City or the Department to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(0(6)), including the City's SUO and local limits. B. MIUs are industrial users which meet, at least, one of the following criteria: (1) Discharge wastewater which meets, at least, one of the following criteria: a. Daily average process wastewater flows exceeds 5,000 gallons per day but not more than 25,000 gallons per day (excluding sanitary, non -contact cooling water and boiler blowdown wastewater); or b. Maximum daily discharge volume which exceeds 1% of the average dry weather hydraulic or organic capacity of the POTW; or (2) Is otherwise deemed by the City or the Department to be so categorized. C. IIUs are industrial users which fit neither the SIU or MIU definitions. The proposed permit will require the City to complete an Industrial User Survey (IUS) and to maintain a current list (database) of all SIUs, MIUs and IIUs to the City's POTW. The Department (Control Authority) may decide that a facility which meets the criteria of an SIU above, may not really need to be classified and managed as an SIU, but rather as an MIU. Likewise, the Department may determine that a discharger initially classified as an MIU by the City should be classified and managed as an SIU, thereby requiring a re-evaluation by the City. D. Completion of the Industrial User Survey The permit will require completing the survey of all dischargers which are known or suspected to qualify as SIUs for submission along with the application for delegation of authority to administer the Pretreatment Program. A supplement to the Industrial User Survey in which all dischargers which are FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 44 of 60 known or suspected to qualify as MIUs are surveyed will be required to be submitted with the Pretreatment Annual Report which is due closest to the time the application for renewal of the NPDES permit is due. 2. Industrial User Notification and Management The City is responsible for notification procedures [40CFR403.8(f)(2)(iii)] which are applicable to the industrial users of its POTW. Those notifications are required to include all applicable Pretreatment Standards and all applicable requirements under sections 204(b) and 405 of the Federal Water Pollution Control Act and subtitles C and D of the Resource Conservation and Recovery Act. The City is also responsible for notifying an industrial user of the need to submit an application for a wastewater permit, along with all associated requirements. The City is responsible for making a determination of whether a proposed discharge would qualify as an SIU, MIU or smaller (insignificant) impact discharger, and, if needed (e.g. designation as an SIU), develop an agreement (Letter -of -Understanding) limiting the discharge. The proposed permit will require that the City comply with all of the above responsibilities. Beginning on July 1, 2000, new SIUs and increased discharges from existing SIUs must be regulated by the City under the terms of a legally binding agreement limiting the quantity of pollutants and flow which may be discharged before accepting the new or increased discharge. None of the obligations imposed on the POTW relieve the industrial or commercial discharger of its primary responsibility for obtaining a wastewater discharge permit (if required), including submitting engineering reports to the Department prior to construction or modification of facilities [40CFR403.12(j) and WAC 173-216-070 and 240-110, et seq.]. 3. Sewer Use Ordinance (SUO) Development In order for the City to carry out the responsibilities under the delegation of a Pretreatment Program, there must be an adequate legal basis [40CFR403.8(0(1)], typically in the form of a Sewer Use Ordinance (SUO), for regulating the discharge of non-domestic wastewater to the POTW. In making the transition from a partially to a fully delegated program, there will need to be substantial revisions to the SUO. Submission of a revised SUO and any modifications of the Four Party Agreement (or auxiliary agreements) will be part of the submittal package for the application for authority to administer the complete Pretreatment Program. The revised SUO, will have to include provisions for the transition from partial to full delegation of the Pretreatment Program. • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 45 of 60 4. Enforcement Guidelines In order for the City to implement the requirements contained in the proposed permit it must have the ability to regulate certain behaviors by industrial dischargers and to obtain compliance from all dischargers. Actions that the City must be able to require of industrial dischargers include: (A) notifying the POTW in advance of the intent to discharge industrial wastewater; (B) responding to requests for information on the discharge; and (C) allowing inspections of the wastewater facilities. First, the City must be able to regulate (through the legal authority contained in the SUO) the discharge from all industrial users, that is allocate capacity and take action for exceeding the allocation. This may be done through a contract, letter of agreement or other mechanism determined to achieve the objective. Second, the City must have an Enforcement Response Plan through which it can determine the appropriate response to take when a violation is determined to have occurred. The plan shall establish the criteria for determining the significance of a violation and the corresponding severity of the City's enforcement action (notice, order, penalty, etc.). The proposed permit will require the City to take the appropriate actions to achieve compliance with the SUO and other control mechanisms by non-domestic dischargers. The City will be required to provide timely notice to the Department of discharges which violate conditions in the SUO, a permit issued by the Department, or are suspected of causing interference or pass through. The Department and the Permittee shall cooperate in determining what actions each agency will take when non-domestic dischargers violate both City and Department requirements. 5. Development of Local Limits Because the POTW treats a variety of non-domestic discharges, the SUO will also contain the requirement for developing local limits [40CFR403.8(4)] which is a critical element for conditioning permits issued by the Department for the discharge of industrial wastewater to the City POTW. The proposed permit will include requirements: (1) for monitoring the influent, effluent and sewage sludge; (2) using this information to develop local limits for metals and other toxic substances; and (3) for annually reviewing the adequacy of the local limits for protecting the POTW. 6. Inspection Procedures • The Department and the Permittee have agreed that the POTW treats process wastewater from a sufficient number of dischargers which qualify as SIUs to warrant • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 46 of 60 the City to assume responsibility for the annual inspection and sampling of the wastewater discharged by each SIU [40CFR403.8(f)(1)(v)]. The proposed permit will require the City to adopt adequate procedures for conducting inspections and collecting samples for analysis of all industrial users. 7. Annual Pretreatment Report The City will be required by the proposed permit to submit, to the Department, an annual report on those Pretreatment Program activities which have been delegated to the City [40CFR403.12(i)(1)(a)]. GENERAL CONDITIONS General Conditions are based directly on State and Federal law and regulations and have been standardized for all individual NPDES permits issued by the Department. PERMIT ISSUANCE PROCEDURES PERMIT MODIFICATIONS The Department may modify the proposed permit to impose numerical limitations, if necessary to meet water quality standards, sediment quality standards, or ground water standards, based on new information obtained from sources such as inspections, effluent monitoring, outfall studies, and effluent mixing studies. The Department may also modify this permit as a result of new or amended State or Federal regulations. RECOMMENDATION FOR PERMIT ISSUANCE This proposed permit meets all statutory requirements for authorizing a municipal wastewater discharge, including those limitations and conditions believed necessary to protect human health, aquatic life, and the beneficial uses of waters of the State. The Department proposes that the proposed permit be issued for up to 5 years. REVIEW BY THE PERMITTEE A preliminary copy of the proposed permit and fact sheet were reviewed by the Permittee for verification of facts. Only factual items were corrected and included in the proposed permit and fact sheet. FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 47 of 60 REFERENCES FOR TEXT AND APPENDICES United States Environmental Protection Agency (USEPA) 1992. National Toxics Rule. Federal Register, V. 57, No. 246, Tuesday, December 22, 1992. 1991. Technical Support Document for Water Quality -based Toxics Control. EPA/505/2- 90-001. 1988. Technical Guidance on Supplementary Stream Design Conditions for Steady State Modeling. USEPA Office of Water, Washington, D.C. 1985. Water Quality Assessment: A Screening Procedure for Toxic and Conventional Pollutants in Surface and Ground Water. EPA/600/6-85/002a. 1983. Water Quality Standards Handbook. USEPA Office of Water, Washington, D.C. Metcalf and Eddy. • 1991. Wastewater Engineering. Treatment. Disposal. and Reuse. Third Edition. Tsivoglou, E.C., and J.R. Wallace. 1972. Characterization of Stream Reaeration Capacity. EPA -R3-72-012. (Cited in EPA 1985 op.cit.) Water Pollution Control Federation. 1976. Chlorination of Wastewater. Wright, R.M., and A.J. McDonnell. 1979. In -stream Deoxygenation Rate Prediction. Journal Environmental Engineering Division, ASCE. 105(EE2). (Cited in EPA 1985 op.cit.) • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 48 of 60 APPENDIX A -- PUBLIC INVOLVEMENT INFORMATION The Department has tentatively determined to reissue a permit to the applicant listed on page 1 of this fact sheet. The proposed permit contains conditions and effluent limitations which are described in the rest of this fact sheet. Public notice of application was published on January 20, 1994 and January 27, 1994 in the Yakima Herald Republic to inform the public that an application had been submitted and to invite comment on the reissuance of this permit. The Department published a Public Notice of Draft (PNOD) on July 30, 1997, in the Yakima Herald Republic to inform the public that a proposed permit and fact sheet are available for review. Interested persons are invited to submit written comments regarding the proposed permit. The proposed permit, fact sheet, and related documents are available for inspection and copying between the hours of 8:00 a.m. and 5:00 p.m. weekdays, by appointment, at the Department's regional office listed below. Written comments should be mailed to: Water Quality Permit Coordinator Washington State Department of Ecology Central Regional Office 15 West Yakima Avenue Suite 200 Yakima, WA 98902-3401 Any interested party may comment on the proposed permit or request a public hearing on the proposed permit within the thirty (30) day comment period to the address above. The request for a hearing shall indicate the interest of the party and the reasons why the hearing is warranted. The Department will hold a hearing if it determines there is a significant public interest in the proposed permit (WAC 173-220-090). Public notice regarding any hearing will be circulated at least thirty (30) days in advance of the hearing. People expressing an interest in the proposed permit will be mailed an individual notice of hearing (WAC 173-220-100). The Department will consider all comments received within thirty (30) days from the date of public notice of draft indicated above, in formulating a final determination to reissue, revise, or deny the proposed permit. The Department's response to all significant comments is available upon request and will be mailed directly to people expressing an interest in the proposed permit. Further information may be obtained from the Department by telephone, (509) 575-2490, or by writing to the address listed above. FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 49 of 60 APPENDIX B -- GLOSSARY Acute Toxicity -- The lethal effect of a compound on an organism that occurs in a short period of time, usually 48 to 96 hours. Ambient Water Quality -- The existing environmental condition of the water in a receiving water body. Ammonia -- Ammonia is produced by the breakdown of nitrogenous materials in wastewater. Ammonia is toxic to aquatic organisms, exerts an oxygen demand, and contributes to eutrophication. It also increases the amount of chlorine needed to disinfect wastewater. Best Management Practices (BMPs) -- Schedules of activities, prohibitions of practices, maintenance procedures, and other physical, structural and/or managerial practices to prevent or reduce the pollution of waters of the State. BMPs include treatment systems, operating procedures, and practices to control: plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMPs may be further categorized as operational, source control, erosion and sediment control, and treatment BMPs. BOD5 -- An indirect way of measuring, over a five (5) day period, the quantity of organic material present in an effluent that is utilized by bacteria. The BOD5 is used in modeling to measure the reduction of dissolved oxygen in a receiving water after effluent is discharged. Stress caused by reduced dissolved oxygen levels makes organisms less competitive and less able to sustain their species in the aquatic environment. Although BOD is not a specific compound, it is defined as a conventional pollutant under the Federal Clean Water Act. Bypass -- The intentional diversion of waste streams from any portion of a treatment facility. Chlorine -- Chlorine is used to disinfect wastewaters of pathogens harmful to human health. It is also extremely toxic to aquatic life. Chronic Toxicity -- The effect of a compound on an organism over a relatively long time, often 1/10 of an organism's lifespan or more. Chronic toxicity can measure survival, reproduction or growth rates, or other sub -lethal parameters to measure the toxic effects of a compound or combination of compounds. Class 1 Inspection -- A walk-through inspection of a facility that includes a visual inspection and some examination of facility records. It may also include a review of the facility's record of environmental compliance. • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 50 of 60 Class 2 Inspection -- A walk-through inspection of a facility that includes the elements of a Class 1 Inspection plus sampling and testing of wastewaters. It may also include a review of the facility's record of environmental compliance. Clean Water Act (CWA) -- The Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, 97-117; USC 1251 et seq. Combined Sewer Overflow (CSO) -- The event during which excess combined sewage flow caused by inflow is discharged from a combined sewer, rather than conveyed to the POTW because either the capacity of the POTW or the combined sewer is exceeded. Composite Sample -- A mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by mixing discrete samples. May be "time -composite" (collected at constant time intervals) or "flow -proportional" (collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increased while maintaining a constant time interval between the aliquots). Construction Activity -- Clearing, grading, excavation and any other activity which disturbs the surface of the land. Such activities may include road building, construction of residential houses, office buildings, or industrial buildings, and demolition activity. Critical Conditions -- The time during which the combination of receiving water and effluent discharge conditions have the highest potential for causing toxicity in the receiving water environment. This situation usually occurs when the flow within a water body is low, thus, its ability to dilute effluent is reduced. Daily Maximum Discharge Limitation -- The greatest allowable value for any calendar day. Dilution Factor -- A measure of the amount of mixing of effluent and receiving water that occurs at the boundary of a mixing zone. Expressed as the inverse of the effluent fraction. Engineering Report -- A document which thoroughly examines the engineering and administrative aspects of a particular domestic or industrial wastewater facility. The report shall contain the appropriate information required in WAC 173-240-060 or WAC 173-240- 130. Fecal Coliform Bacteria -- Fecal coliform bacteria are used as indicators of pathogenic bacteria in the effluent that are harmful to humans. Pathogenic bacteria in wastewater discharges are controlled by disinfecting the wastewater. The presence of high numbers of • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 51 of 60 fecal coliform bacteria in a water body can indicate the recent release of untreated, or inadequately treated, wastewater and/or the presence of animal feces. Grab Sample -- A single sample, or measurement, taken at a specific time or over as short period of time as is feasible. Industrial Wastewater — Water or liquid -carried waste from industrial or commercial processes, as distinct from domestic wastewater. These wastes may result from any process or activity of industry, manufacture, trade or business, from the development of any natural resource, or from animal operations such as feed lots, poultry houses, or dairies. The term includes contaminated storm water and, also, leachate from solid waste facilities. Infiltration and Inflow (I/I) -- "Infiltration" means the addition of ground water into a sewer through joints, the sewer pipe material, cracks, and other defects. "Inflow" means the addition of rainfall -caused surface water drainage from roof drains, yard drains, basement drains, street catch basins, etc., into a sewer. Mixing Zone -- An area that surrounds an effluent discharge within which water quality criteria may be exceeded. The area of the authorized mixing zone is specified in a facility's permit and is calculated following procedures outlined in State regulations (Chapter 173-201A WAC). Monthly Average Discharge Limitation -- The average of the measured values of a pollutant parameter obtained over a calendar month's time. National Pollutant Discharge Elimination System (NPDES) — The NPDES (Section 402 of the Clean Water Act) is the Federal wastewater permitting system for discharges to navigable waters of the United States. Many states, including the State of Washington, have been delegated the authority to issue these permits. NPDES permits issued by Washington State permit writers are joint NPDES/State permits issued under both State and Federal laws. pH -- The pH of a liquid measures its acidity or alkalinity. A pH of 7 is defined as neutral, and large variations above, or below, this value are considered harmful to most aquatic life. State Waters -- Lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the State of Washington. Synonymous with "waters of the State". Stormwater -- That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a storm water drainage system into a defined surface water body, or a constructed infiltration facility. • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 52 of 60 Technology-based Effluent Limit -- A permit limit that is based on the ability of a treatment method to reduce the pollutant. Total Suspended Solids (TSS) — Total suspended solids is the particulate material in an effluent. Large quantities of TSS discharged to a receiving water may result in solids accumulation. Apart from any toxic effects attributable to substances leached out by water, suspended solids may kill fish, shellfish, and other aquatic organisms by causing abrasive injuries and by clogging the gills and respiratory passages of various aquatic fauna. Indirectly, suspended solids can screen out light and can promote and maintain the development of noxious conditions through oxygen depletion. Upset -- An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventative maintenance, or careless or improper operation. Water Quality -based Effluent Limit -- A limit on the concentration of an effluent parameter that is intended to prevent the concentration of that parameter from exceeding its water quality criterion after it is discharged into a receiving water. • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 53 of 60 APPENDIX C -- WASTEWATER TREATMENT FACILITY CLASSIFICATION WORKSHEET Purveyor : City of Yakima Address 129 North 2nd Street Yakima, WA 98901 County : Yakima Phone: (509) 575-6078 Facility Name : Address : City of Yakima Regional Wastewater Treatment Pla 2220 East Viola Yakima, WA 98901 Ownership of Plant: [ X ] Public [ ] Private Facility --- Class I lI m IV Ranee of Points 25 and less 26-50 51-70 71 and ereater ITEM Size POINTS Design Flow 1 point per 5 mgd - maximum 20 points Population Equivalent (PE) 1 point per 5000 PE - maximum 20 points Pretreatment Units Manually cleaned screens 1 0 Mechanically cleaned screens 2 2 Grit removal 3 3 Pre -aeration 1 1 Communitor, barminutors, grinders, etc 1 0 Plant pumping 3 3 Separate industrial waste pretreatment 10 10 POINTS ASSIGNED 4 12 Primary Treatment Units Imhoff tank, spirogesters, clarigesters, etc. 3 0 Primary clarifiers 5 5 Primary clarifiers utilizing settling aid chemicals 9 0 Secondary Treatment Units Trickling filter (without recirculation) 5 0 Trickling filter (with recirculation) or 2 -stage RBC unit 7 7 3 -stage RBC unit 9 0 0 Activated sludge Mechanical aeration 8 10 Diffused or dispersed air (or an SBR) 10 0 Oxidation ditch 8 0 Pure oxygen 13 0 Stabilization ponds 5 0 Stabilization ponds with aeration 7 5 Secondary clarifiers (or an SBR) 5 Tertiary Treatment Units Polishing pond 2 0 Land disposal of effluent, or post -aeration 5 0 Chemical treatment for phosphorus removal 5 0 Activated carbon beds (with carbon regeneration) 10 0 Activated carbon beds (without carbon regeneration) 8 0 Sand or mixed -media filters .4 0 Other nutrient removal processes following secondary treatment 10 0 Disinfection 4 4 Sludge Treatment Anaerobic digesters 4 4 If heated, add 3 3 If mechanically or gas mixed, add 2 2 Aerobic digesters 6 0 Drying beds or evaporation lagoons 2 2 Thickener clarifier, or polymer addition 5 0 Vacuum filter, or centrifuge 7 7 Land application, or supernatant lagoons 5 5 Incinerator 10 0 Utilizing digester gas for other than heating purposes 3 0 TOTAL 89 CLASS IV FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 54 of 60 APPENDIX D — RESPONSE TO COMMENTS The only comments received by the Department during the appropriate comment period were those from Mr. Konrad J. Liegel, from the firm Pretson, Gates & Ellis LLP which represents the City of Yakima. The following is listing of their paraphrased comments and the Department's respective responses: Permit Comments: 1. The total residual chlorine effluent limitations (S1.A.1.) are inconsistent with the fact sheet, which contains the correct limits. The permit should be revised. The proposed permit was corrected to reflect what the fact sheet stated. 2. The ammonia effluent limitations (S1.A.1.) are inconsistent with the technology-based limitations in the fact sheet, which contains the correct limits. The permit should be revised. The proposed permit was corrected to reflect what the fact sheet stated. • 3. The interim sprayfield limitations (S1.A.2.) should last through June 30, 2001, rather than through December 31, 1998. This would make it consistent with the rest of the permit. The proposed permit was corrected to reflect what the fact sheet stated. 4. The 7Q10 figure upon which the mixing zone (S1.B.) is based (1968-1995 data) is unreasonably low in light of the recent Bureau of Reclamation instream flow statutes. The 7Q10 receiving water flow value which was used in calculating the proposed permit's mixing zone was based upon standard Department practice and methodology. The use of the calculated flow was determined to be acceptable to both the City and the Department during the last pre -permit meeting. Additionally, the information which the City provided concerning the Bureau of Reclamation statutes does not apply to the receiving water in the vicinity of the City's outfall, whereas the 7Q10 determined by the Department was derived from data obtained at the Terrace Heights bridge which is just upstream of the POTW outfall. Flow conditions approaching the 7Q10 value have occurred during 1988 and 1993. Future changes in management of receiving water flows will be examined during subsequent permit issuance periods, or any subsequent modification of the proposed permit. 5. The typographical error in the first sentence of the second paragraph of S2.A. should be corrected to indicate "date" instead of "ate". The proposed permit was corrected to read "date". • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 55 of 60 6. The word "State" should be inserted before the words "Water Quality Standards" in S8.H.3. The word "State's" was inserted into the proposed permit. 7. In S2.A., S9., and S10., we continue to question the need for bimonthly acute and chronic WET compliance monitoring and request a reduction to quarterly testing. Neither the previous monitoring nor the Permit Writer's Manual supports bimonthly monitoring for the City's POTW. We also believe that WET effluent limits are premature. The Department has justified that WET effluent limits are needed in the proposed permit by the information given in the fact sheet concerning the results from the previous WET characterization monitoring. The fact sheet indicates that the valid acute and chronic biomonitoring characterization tests conducted by the City from 1992 through 1995 (at off-site laboratories) indicated significant toxicity to the most sensitive WET test organism, Ceriodaphnia dubia. This organism averaged only 58.3% survival during the acute WET tests, and only 33.3 % survival during the chronic WET tests. This poor survival necessitates that the City be given both acute and chronic WET limits and begin compliance monitoring. The need for bi-monthly monitoring comes from the permit writer's own best professional judgment (BPJ) regarding the number and variety of industries, including seasonal types, discharging to the POTW. Therefore, the Department will retain the proposed permit's WET testing schedule. 8. In S11. C, the second sentence should be revised to indicate that fruit processing wastewater is the only wastewater that enters the industrial waste sewer. The Department is aware, from information supplied by the City's own POTW staff on more than one occasion, that fruit processing wastewater is not the only wastewater which enters the industrial waste sewer. It has been indicated that non -contact cooling water is also discharged to the industrial waste sewer, and that the sewer's flow never reaches zero, even when the large fruit processing facility is not operating. Therefore, the Department will retain the wording of the proposed permit. 9. In S12.B., spaces should be inserted into the statutory reference as follows: 40 C.F.R. Part 122. Also, in the second sentence of the last paragraph, the words `following table" should be replaced with `foregoing table". The proposed permit was corrected to include spaces into the statutory reference, and the words "foregoing table" replaced the words "following table". • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 56 of 60 Fact Sheet Comments: 1. The fact sheet should more accurately reflect the discussions between the Department and the City over biomonitoring. The City entered into discussions with the Department over the need for a permit modification, which the Department indicated was unnecessary in light of the fact that the permit was scheduled to be renewed to be renewed in 1993. In this regard, the City requests the following revised language to e SUMMARY OF COMPLIANCE WITH THE PREVIOUS PERMIT, under 1.c. Biomonitoring: "Although the City was one of the first municipalities ... Soon afterward, the City reduced its biomonitoring frequency even though the Department responded in a March 26, 1990 letter that "modification of the testing schedule requires a revision and reissuance of the entire permit+ ", . The Department gnd the Cit' discussed revisine and reissuing the hermit. but determined that the permit was likely to be renewed in about the same time frame as it would take to revise and reissue the permit. Meanwhile. the Department prallv aereed to the City reducing its biomonitorine freauencv to once Der week." The fact sheet is not changed after public notice occurs. All comments are addressed in this section. The Department agrees that the above wording clarifies the situation. 2. Although the City agrees that its biomonitoring tests during 1992 and 1993 were invalid, and City staff believe that the tests were invalid for different reasons than indicated in the fact sheet. The City requests the following revised language to the second sentence of paragraph 1. C(2): "However, &none of those tests were considered valid by the Department because, although the City performed the tests using EPA protocols that were approved at the time of the testing. these 6iomonitoring protocols were later changed . .. Much of the subseauent biomonitoring testing conducted 6v Metro for the City during the years 1993 and 1995 was also considered invalid as noted in the 1996 Performance Evaluation Report from EPA." Comment is noted. 3. As mentioned in the permit comments, WET limits are premature and thus references to WET limits should be deleted. The Department does not agree with the request. The Department believes significant data exist supporting the establishment of WET limits. 4. Under "Wastewater Characterization", the last sentence of the introductory paragraph is a run- on sentence. A comma should be placed after "POTW" in the third to last line of the paragraph with a period. mentioned in the permit comments, WET limits are premature and thus references to WET limits should be deleted. The Department agrees that the requested changes may clarify the fact sheet. FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 57 of 60 5. Table 6, under "Wastewater Characterization", should contain all the data from 1996 rather than only from June -September. Below is a revised Table 6, which includes all data from 1996. Parameter Units Up Gradient Average Value Down Gradient Average Value Manganese µg/L 30 1,368 Iron 2+ present/not present 0.00 - 1.00 Dissolved Oxygen mg/L 6.25 4.56 Temperature °C 15.28 11.89 Potassium mg/L 3.62 6.51 Nitrite & Nitrate Nitrogen mg/L 6.06 0.71 Sodium mg/L 12.67 18.28 Total Organic Carbon mg/L 1.38 10.07 Total Iron µg/L 370 3,364 Orthophosphate mg/L 0.12 0.21 Total Kjeldahl Nitrogen mg/L 0.48 0.71 Conductivity millimhos 2,542 2,541 Magnesium mg/L 9.90 10.41 Total Dissolved Solids mg/L 0.20 0.21 Calcium mg/L 20.29 21.16 pH Standard Units 5.92 5.91 Chloride mg/L 22.81 23.98 Fecal Coliform # Colonies/100 ml 3.67 1.13 Comment is noted. 6. The design criteria of the sprayfield was not affected by the flood, so the first sentence of paragraph 2 on page 23 should be deleted. Additionally, the last sentence should be revised so that the word "adopt" replaces the word "adapt". The Department notes that the word "adopt" should replace the word "adapt". The Department feels that the flood which destroyed a large section of the sprayfield did indeed have an effect on the design capacity of the overall sprayfield. A February 28, 1996 letter from the City to the Department stated that "our industrial waste sprayfield received significant damage..." and "Much of the top soil was washed away, large rock and gravels bars were left behind, ... and the irrigation system is badly damaged". That is why new design criteria for the "repaired" sprayfield are required by the proposed permit. 7. The calculated dilution factors for human health carcinogenic and noncarcinogenic limits are incorrect based upon modeling performed by HDR, the City's technical consultant. We request that the Department use their corrected dilution factors. • The HDR information discussed was not previously submitted to the Department, and therefore, the Department had no choice but to use the information previously supplied by • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 58 of 60 HDR as an update to their March 1993 Mixing Zone Study. The dilution factors used in the fact sheet and the proposed permit were taken directly from that previously submitted document, and were considered applicable by both the City and the Department. See also comment #4 under permit comments, above. 8. The technology-based limits for ammonia stated in the fact sheet, as previously noted, do not match the limits in the permit. This comment has been discussed in Question #2 under Permit Comments, above. 9. The mixing zone 7Q10 figure is unreasonably low in light of recent statute that directs the Bureau of Reclamation to maintain minimum instream flows. This comment has been discussed in Question #4 under Permit Comments, above. 10. The calculated dilution factors for human health carcinogenic and non -carcinogenic limits are incorrect based upon modeling performed by HDR, the City's technical consultant (see attached letter). The correct dilution factors are 20.6 for carcinogenic and 9.1 for non -carcinogenic limits. This comment has been discussed in Question #7 under Fact Sheet Comments, above. In addition, the proposed permit does not contain human health parameters with effluent limitations derived using these dilution factors. During the next permit issuance, or any subsequent modification of the proposed permit, these dilution factors will be revisited should any human health parameters be determined to show reasonable potential after the additional chemical analyses required in Condition S12. of the proposed permit. 11. The potential water quality -based effluent limits for chlorine do not match the limits set for chlorine in Table 13. The limits do not match because one set is water quality -based and the other set is technology- based. As the technology-based limits were more stringent, they were included into Table 13 of the fact sheet. 12. As mentioned above, WET limits should not be set at this time due to the lack of reliable data. This comment has been discussed in Question #3 under Fact Sheet Comments, above. 13. The City believes that the discussion of Monitoring Well #22 (MW #22) should be eliminated because MW #22 was improperly selected as a control well for groundwater. MW #22 is not the optimal control well. The Department notes the concern. A replacement well may be required and may be addressed in the Sprayfield Engineering Report. • • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 59 of 60 14. Table 12 should be revised to take into the account all of the 1996 data, rather than data from June -September. In this regard, we have given below a revised Table 12, which contains all 1996 data. Parameter Units Average % Difference in Concentration of Downgradient from Upgradient Samples Average % Occurrence of Actual Difference in Downgradient Samples Temperature °C -29 100 Potassium mg/L 44 100 Nitrite & Nitrate Nitrogen mg/L -750 100 Total Organic Carbon mg/L 86 100 Manganese µg/L 98 91 Chloride mg/L 5 91 Sodium mg/L 31 82 Total Iron 1.1.g IL 89 82 Conductivity milliohms 0 82 Calcium mg/L 4 75 pH Standard Units 0 73 Total Dissolved Solids mg/L 6 64 Magnesium mg/L 5 50 Dissolved Oxygen mg/L -37 40 Orthophosphate mg/L 44 25 Total Kjeldahl Nitrogen mg/L 33 25 Iron 2+ present/not present 100 18 Fecal Coliform* # colonies/100 ml -226 9 * Apparent reduction in fecal coliform was due to high fecal count in upgradient well #1 on 9/17/96 Comment is noted. 15. As mentioned above, WET limits should not be set at this time. Table 14 should, therefore, be deleted. This comment has been discussed in Question #3 under Fact Sheet Comments, above. The Department will retain Table 14. 16. The second sentence in the second paragraph under Pretreatment should be revised as follows: "The Department will oversee ... permits for,siQnificant industrial users ... ". The Department does not agree with the suggested change, as not only significant industrial dischargers need to have permits. The City typically has other industrial dischargers not meeting the classification requirements of significant industrial dischargers but which still may need to be permitted if their discharges are deemed to have an adverse impact on the POTW. • • • FACT SHEET FOR NPDES PERMIT NO. WA -002402-3 Page 60 of 60 APPENDIX E -- TECHNICAL CALCULATIONS CALCULATION OF WATER QUALITY -BASED EFFLUENT LIMITS Water quality -based effluent limits are calculated by the two -value wasteload allocation process as described on page 100 of the Technical Support Document (EPA, 1991) and shown below. 1. Calculate the acute wasteload allocation (WLAa) by multiplying the acute criteria by the acute dilution factor and subtracting the background factor. Calculate the chronic wasteload allocation (WLAc) by multiplying the chronic criteria by the chronic dilution factor and subtracting the background factor. WLAa = (acute criteria x acute zone dilution factor) - (background concentration x (acute zone dilution factor - 1)) WLAc = (chronic criteria x chronic zone dilution factor) - (background concentration x (chronic zone dilution factor -1)) 2. Calculate the long term averages (LTAa and LTAc) which will comply with the wasteload allocations WLAa and WLAc , as follows: LTAa = WLAa x e[osa= - ZQ] LTAc = WLAC x e°5°2 - Za4] where: where: a2 = ln[CV2 + 1] a42 = ln[(CV2 _ 4) + 1 z = 2.326 z = 2.326 CV = coefficient of variation CV = coefficient of variation 3. Use the smallest LTA of the LTAa or LTAc to calculate the maximum daily limit (MDL) and the average monthly limit (AML), as follows: MDL = LTA x e[z' - o.5Q=1 AML = LTA x e[z' 0.5(7.2] where: where: a2 = ln[CV2 + 1] ane = ln[(CV2 _ n) + 1] z = 2.326 (99th percentile) z = 1.645 (95th percentile) LTA = Limiting long term average n = numbers of samples/month LTA = Limiting long term average • Appendix B CFR Index Title 40 Index Title 42 Index Title 50 Index • • United States Code U.S. Code collection home search tell me more contents Q ut context Welcome to the United States Code. • This version is generated from the most recent version made available by the US House of Representatives. For exact information about the currency of any particular title as it is published by the House, see the listing on the House server. 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Table of Contents Page 1 of 14 in the News 'Brow-eEPATopics Your Community Audence Groups Laws & Regulations 0 Programa information Sources About EPA ' Search' For.¢j( o-EpA United States Environmental Protection Agency TITLE 40 --PROTECTION OF ENVIRONMENT • CHAPTER I --ENVIRONMENTAL PROTECTION AGENCY SUBCHAPTER A --GENERAL o 1 --STATEMENT OF ORGANIZATION AND GENERAL INFORMATION o 2 --PUBLIC INFORMATION o 3 [RESERVED] o 4 --UNIFORM RELOCATION ASSISTANT AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS o 5 [RESERVED] o 6 --PROCEDURES FOR IMPLEMENTING THE REQUIREMENTS OF THE COUNCIL ON ENVIRONMENTAL QUALITY ON THE NATIONAL ENVIRONMENTAL POLICY ACT o 7 --NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY o 8 --ENVIRONMENTAL IMPACT ASSESSMENT OF NONGOVERNMENTAL ACTIVITIES IN ANTARCTICA o 9 --OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT o 10 --ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT o 11 --SECURITY CLASSIFICATION REGULATIONS PURSUANT TO EXECUTIVE ORDER 11652 o 12 --NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY o 13 --CLAIMS COLLECTION STANDARDS o 14 --EMPLOYEE PERSONAL PROPERTY CLAIMS o 16 --IMPLEMENTATION OF PRIVACY ACT OF 1974 o 17 --IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN EPA ADMINISTRATIVE PROCEEDINGS o 19 --ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION o 20 --CERTIFICATION OF FACILITIES o 21 --SMALL BUSINESS o 22 --CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 2 of 14 ASSESSMENT OF CIVIL PENALTIES AND THE REVOCATION OR SUSPENSION OF PERMITS o 23 --JUDICIAL REVIEW UNDER EPA -- ADMINISTERED STATUTES o 24 --RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM STATUS CORRECTIVE ACTION ORDERS o 25 --PUBLIC PARTICIPATION IN PROGRAMS UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT, THE SAFE DRINKING WATER ACT, AND THE CLEAN WATER ACT o 26 --PROTECTION OF HUMAN SUBJECTS o 27 --PROGRAM FRAUD CIVIL REMEDIES o 29 --INTERGOVERNMENTAL REVIEW OF ENVIRONMENTAL PROTECTION AGENCY PROGRAMS AND ACTIVITIES SUBCHAPTER B --GRANTS AND OTHER FEDERAL ASSISTANCE o 30 --GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS o 31 --UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS o 32--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS); CLEAN AIR ACT AND CLEAN WATER ACT INELIGIBILITY OF FACILITIES IN PERFORMANCE OF FEDERAL CONTRACTS, GRANTS AND LOANS o 34 --NEW RESTRICTIONS ON LOBBYING o 35 --STATE AND LOCAL ASSISTANCE o 39 [RESERVED] o 40 --RESEARCH AND DEMONSTRATION GRANTS o 45 --TRAINING ASSISTANCE o 46 --FELLOWSHIPS o 47 --NATIONAL ENVIRONMENTAL EDUCATION ACT GRANTS o 49 --TRIBAL CLEAN AIR ACT AUTHORITY SUBCHAPTER C --AIR PROGRAMS o 50 --NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS o 51 --REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 3 of 14 IMPLEMENTATION PLANS o 52 --APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS o 53 --AMBIENT AIR MONITORING REFERENCE AND EQUIVALENT METHODS o 54 --PRIOR NOTICE OF CITIZEN SUITS o 55 --OUTER CONTINENTAL SHELF AIR REGULATIONS o 56 --REGIONAL CONSISTENCY o 57 --PRIMARY NONFERROUS SMELTER ORDERS o 58 --AMBIENT AIR QUALITY SURVEILLANCE o 59 --NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS o 60 --STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES o 61 --NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS o 62 --APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS o 63 --NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES o 64 --COMPLIANCE ASSURANCE MONITORING o 65 [RESERVED] o 66 --ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA o 67 --EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM o 68 --CHEMICAL ACCIDENT PREVENTION PROVISIONS o 69 --SPECIAL EXEMPTIONS FROM REQUIREMENTS OF THE CLEAN AIR ACT o 70 --STATE OPERATING PERMIT PROGRAMS o 71 --FEDERAL OPERATING PERMIT PROGRAMS o 72 --PERMITS REGULATION o 73 --SULFUR DIOXIDE ALLOWANCE SYSTEM o 74 --SULFUR DIOXIDE OPT -INS o 75 --CONTINUOUS EMISSION MONITORING o 76 --ACID RAIN NITROGEN OXIDES EMISSION REDUCTION PROGRAM o 77 --EXCESS EMISSIONS o 78 --APPEAL PROCEDURES FOR ACID RAIN PROGRAM o 79 --REGISTRATION OF FUELS AND FUEL ADDITIVES o 80 --REGULATION OF FUELS AND FUEL ADDITIVES http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 4 of 14 o 81 --DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES o 82 --PROTECTION OF STRATOSPHERIC OZONE o 85 --CONTROL OF AIR POLLUTION FROM MOBILE SOURCES o 86 --CONTROL OF EMISSIONS FROM NEW AND IN -USE HIGHWAY VEHICLES AND ENGINES o 87 --CONTROL OF AIR POLLUTION FROM AIRCRAFT AND AIRCRAFT ENGINES o 88--CLEAN-FUEL VEHICLES o 89 --CONTROL OF EMISSIONS FROM NEW AND IN -USE NONROAD COMPRESSION - IGNITION ENGINES o 90 --CONTROL OF EMISSIONS FROM NONROAD SPARK -IGNITION ENGINES o 91 --CONTROL OF EMISSIONS FROM MARINE SPARK -IGNITION ENGINES o 92 - CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE ENGINES o 93 --DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL IMPLEMENTATION PLANS o 94 [RESERVED] o 95 --MANDATORY PATENT LICENSES o 96--NOx BUDGET TRADING PROGRAM FOR STATE IMPLEMENTATION PLANS o 97--99 [RESERVED] SUBCHAPTER D --WATER PROGRAMS o 100 [RESERVED] o 104 --PUBLIC HEARINGS ON EFFLUENT STANDARDS FOR TOXIC POLLUTANTS o _108 --EMPLOYEE PROTECTION HEARINGS o 109 --CRITERIA FOR STATE, LOCAL AND REGIONAL OIL REMOVAL CONTINGENCY PLANS o 110 --DISCHARGE OF OIL o 112 --OIL POLLUTION PREVENTION o 113 --LIABILITY LIMITS FOR SMALL ONSHORE STORAGE FACILITIES o 116 --DESIGNATION OF HAZARDOUS SUBSTANCES o 117 --DETERMINATION OF REPORTABLE QUANTITIES FOR HAZARDOUS SUBSTANCES o 121 --STATE CERTIFICATION OF ACTIVITIES REQUIRING A FEDERAL LICENSE OR PERMIT o 122 --EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 5 of 14 o 123 --STATE PROGRAM REQUIREMENTS o 124 --PROCEDURES FOR DECISIONMAKING o 125 --CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM o 129 --TOXIC POLLUTANT EFFLUENT STANDARDS o 130 --WATER QUALITY PLANNING AND MANAGEMENT o 131 --WATER QUALITY STANDARDS o 132 --WATER QUALITY GUIDANCE FOR THE GREAT LAKES SYSTEM o 133 --SECONDARY TREATMENT REGULATION o 135 --PRIOR NOTICE OF CITIZEN SUITS o 136 --GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS o 140 --MARINE SANITATION DEVICE STANDARD o 141 --NATIONAL PRIMARY DRINKING WATER REGULATIONS o 142 --NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION o 143 --NATIONAL SECONDARY DRINKING WATER REGULATIONS o 144 --UNDERGROUND INJECTION CONTROL PROGRAM o 145 --STATE UIC PROGRAM REQUIREMENTS o 146 --UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS o 147 --STATE UNDERGROUND INJECTION CONTROL PROGRAMS o 148 --HAZARDOUS WASTE INJECTION RESTRICTIONS o 149 --SOLE SOURCE AQUIFERS SUBCHAPTER E --PESTICIDE PROGRAMS o 150--151 [RESERVED] o 152 --PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES o 153 --REGISTRATION POLICIES AND INTERPRETATIONS o 154 --SPECIAL REVIEW PROCEDURES o 155 --REGISTRATION STANDARDS o 156 --LABELING REQUIREMENTS FOR PESTICIDES AND DEVICES o 157 --PACKAGING REQUIREMENTS FOR PESTICIDES AND DEVICES o 158 --DATA REQUIREMENTS FOR http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 6 of 14 REGISTRATION o 159 --STATEMENTS OF POLICIES AND INTERPRETATIONS o 160 --GOOD LABORATORY PRACTICE STANDARDS o 162 --STATE REGISTRATION OF PESTICIDE PRODUCTS o 163 --CERTIFICATION OF USEFULNESS OF PESTICIDE CHEMICALS o 164 --RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT o 165 - REGULATIONS FOR THE ACCEPTANCE OF CERTAIN PESTICIDES AND RECOMMENDED PROCEDURES FOR THE DISPOSAL AND STORAGE OF PESTICIDES AND PESTICIDES CONTAINERS o 166 --EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS o 167 --REGISTRATION OF PESTICIDE AND ACTIVE INGREDIENT PRODUCING ESTABLISHMENTS, SUBMISSION OF PESTICIDE REPORTS o 168 --STATEMENTS OF ENFORCEMENT POLICIES AND INTERPRETATIONS o 169 --BOOKS AND RECORDS OF PESTICIDE PRODUCTION AND DISTRIBUTION o 170 --WORKER PROTECTION STANDARD o 171 --CERTIFICATION OF PESTICIDE APPLICATORS o 172 --EXPERIMENTAL USE PERMITS o 173 --PROCEDURES GOVERNING THE RESCISSION OF STATE PRIMARY ENFORCEMENT RESPONSIBILITY FOR PESTICIDE USE VIOLATIONS o 177 --ISSUANCE OF FOOD ADDITIVE REGULATIONS o 178 --OBJECTIONS AND REQUESTS FOR HEARINGS o 179 --FORMAL EVIDENTIARY PUBLIC HEARING o 180 --TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE CHEMICALS IN FOOD o 185 --TOLERANCES FOR PESTICIDES IN FOOD o 186 --PESTICIDES IN ANIMAL FEED http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 7 of 14 o 187--189 [RESERVED] SUBCHAPTER F --RADIATION PROTECTION PROGRAMS o 190 --ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR NUCLEAR POWER OPERATIONS o 191 --ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR MANAGEMENT AND DISPOSAL OF SPENT NUCLEAR FUEL, HIGH-LEVEL AND TRANSURANIC RADIOACTIVE WASTES o 192 --HEALTH AND ENVIRONMENTAL PROTECTION STANDARDS FOR URANIUM AND THORIUM MILL TAILINGS o 194 --CRITERIA FOR THE CERTIFICATION AND RE -CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS o 195 --RADON PROFICIENCY PROGRAMS SUBCHAPTER G --NOISE ABATEMENT PROGRAMS o 201 --NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS o 202 --MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE o 203--LOW-NOISE-EMISSION PRODUCTS o 204 --NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT o 205 --TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS o 209 --RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 o 210 --PRIOR NOTICE OF CITIZEN SUITS o 211 --PRODUCT NOISE LABELING SUBCHAPTER H --OCEAN DUMPING o 220 --GENERAL o 221 --APPLICATIONS FOR OCEAN DUMPING PERMITS UNDER SECTION 102 OF THE ACT o 222 --ACTION ON OCEAN DUMPING PERMIT APPLICATIONS UNDER SECTION 102 OF THE ACT o 223 --CONTENTS OF PERMITS; REVISION, REVOCATION OR LIMITATION OF OCEAN DUMPING PERMITS UNDER SECTION 104 (d) OF THE ACT http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 8 of 14 o 224 --RECORDS AND REPORTS REQUIRED OF OCEAN DUMPING PERMITTEES UNDER SECTION 102 OF THE ACT o 225 --CORPS OF ENGINEERS DREDGED MATERIAL PERMITS o 227 --CRITERIA FOR THE EVALUATION OF PERMIT APPLICATIONS FOR OCEAN DUMPING OF MATERIALS o 228 --CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING o 229 --GENERAL PERMITS o 230 --SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF DISPOSAL SITES FOR DREDGED OR FILL MATERIAL o 231 --SECTION 404(c) PROCEDURES o 232--404 PROGRAM DEFINITIONS; EXEMPT ACTIVITIES NOT REQUIRING 404 PERMITS o 233--404 STATE PROGRAM REGULATIONS o 238 --DEGRADABLE PLASTIC RING CARRIERS SUBCHAPTER I --SOLID WASTES o 239 --REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY o 240 --GUIDELINES FOR THE THERMAL PROCESSING OF SOLID WASTES o 243 --GUIDELINES FOR THE STORAGE AND COLLECTION OF RESIDENTIAL, COMMERCIAL, AND INSTITUTIONAL SOLID WASTE o 244 --SOLID WASTE MANAGEMENT GUIDELINES FOR BEVERAGE CONTAINERS (EFF. UNTIL JULY 19, 1999) o 246 --SOURCE SEPARATION FOR MATERIALS RECOVERY GUIDELINES o 247 --COMPREHENSIVE PROCUREMENT GUIDELINE FOR PRODUCTS CONTAINING RECOVERED MATERIALS o 248 [RESERVED] o 254 --PRIOR NOTICE OF CITIZEN SUITS o 255 --IDENTIFICATION OF REGIONS AND AGENCIES FOR SOLID WASTE MANAGEMENT o 256 --GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS o 257 --CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES o 258 --CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS o 259 [RESERVED] http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 9 of 14 o 260 --HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL o 261 --IDENTIFICATION AND LISTING OF HAZARDOUS WASTE o 262 --STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE o 263 --STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE o 264 --STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES o 265 --INTERIM STATUS STANDARDS FOR - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES o 266 --STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES o 267 [RESERVED] o 268 --LAND DISPOSAL RESTRICTIONS o 270 --EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM o 271 --REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS o 272 --APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS o 273 --STANDARDS FOR UNIVERSAL WASTE MANAGEMENT o 279 --STANDARDS FOR THE MANAGEMENT OF USED OIL o 280 --TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST) o 281 --APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS o 282 --APPROVED UNDERGROUND STORAGE TANK PROGRAMS o 283--299 [RESERVED] SUBCHAPTER J--SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT -TO -KNOW PROGRAMS o 300 --NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN o 302 --DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION o 303 --CITIZEN AWARDS FOR INFORMATION ON CRIMINAL VIOLATIONS UNDER http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 10 of 14 SUPERFUND o 304 --ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST RECOVERY CLAIMS o 305 --COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS AGAINST THE SUPERFUND o 307 --COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) CLAIMS PROCEDURES o 310 --REIMBURSEMENT TO LOCAL GOVERNMENTS FOR EMERGENCY RESPONSE TO HAZARDOUS SUBSTANCE RELEASES o 311 --WORKER PROTECTION o 350 --TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT -TO -KNOW INFORMATION. AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS o 355 --EMERGENCY PLANNING AND NOTIFICATION o 370 --HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT -TO -KNOW o 371 [RESERVED] o 372 --TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT -TO - KNOW o 373 --REPORTING HAZARDOUS SUBSTANCE ACTIVITY WHEN SELLING OR TRANSFERRING FEDERAL REAL PROPERTY o 374 --PRIOR NOTICE OF CITIZEN SUITS o 375--399 [RESERVED] SUBCHAPTER N --EFFLUENT GUIDELINES AND STANDARDS o 400 [RESERVED] o 401 --GENERAL PROVISIONS o 402 [RESERVED] o 403 --GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION o 405 --DAIRY PRODUCTS PROCESSING POINT SOURCE CATEGORY. o 406 --GRAIN MILLS POINT SOURCE CATEGORY o 407-- CANNED AND PRESERVED FRUITS AND VEGETABLES PROCESSING POINT SOURCE CATEGORY o 408-- CANNED AND PRESERVED SEAFOOD PROCESSING POINT SOURCE http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 11 of 14 CATEGORY o 409 --SUGAR PROCESSING POINT SOURCE CATEGORY o 410 --TEXTILE MILLS POINT SOURCE CATEGORY o 411 --CEMENT MANUFACTURING POINT SOURCE CATEGORY o 412 --FEEDLOTS POINT SOURCE CATEGORY o 413 --ELECTROPLATING POINT SOURCE CATEGORY o 414 --ORGANIC CHEMICALS, PLASTICS, AND SYNTHETIC FIBERS o 415 --INORGANIC CHEMICALS MANUFACTURING POINT SOURCE CATEGORY o 416 [RESERVED] o 417 --SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY o 418 --FERTILIZER MANUFACTURING POINT SOURCE CATEGORY o 419 --PETROLEUM REFINING POINT SOURCE CATEGORY o 420 --IRON AND STEEL MANUFACTURING POINT SOURCE CATEGORY o 421 --NONFERROUS METALS MANUFACTURING POINT SOURCE CATEGORY o 422 --PHOSPHATE MANUFACTURING POINT SOURCE CATEGORY o 423 --STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY o 424 --FERROALLOY MANUFACTURING POINT SOURCE CATEGORY o 425 --LEATHER TANNING AND FINISHING POINT SOURCE CATEGORY o 426 --GLASS MANUFACTURING POINT SOURCE CATEGORY o 427 --ASBESTOS MANUFACTURING POINT SOURCE CATEGORY o 428 --RUBBER MANUFACTURING POINT SOURCE CATEGORY o 429 --TIMBER PRODUCTS PROCESSING POINT SOURCE CATEGORY o 430 --THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY o 431 --THE BUILDERS' PAPER AND BOARD MILLS POINT SOURCE CATEGORY o 432 --MEAT PRODUCTS POINT SOURCE CATEGORY o 433 --METAL FINISHING POINT SOURCE CATEGORY o 434 --COAL MINING POINT SOURCE CATEGORY BPT, BAT, BCT LIMITATIONS i http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 12 of 14 AND NEW SOURCE PERFORMANCE STANDARDS o 435 --OIL AND GAS EXTRACTION POINT SOURCE CATEGORY o 436 --MINERAL MINING AND PROCESSING POINT SOURCE CATEGORY o 439 --PHARMACEUTICAL MANUFACTURING POINT SOURCE CATEGORY o 440 --ORE MINING AND DRESSING POINT SOURCE CATEGORY o 443 --EFFLUENT LIMITATIONS GUIDELINES FOR EXISTING SOURCES AND STANDARDS OF PERFORMANCE AND PRETREATMENT STANDARDS FOR NEW SOURCES FOR THE PAVING AND ROOFING MATERIALS (TARS AND ASPHALT) POINT SOURCE CATEGORY o 446 --PAINT FORMULATING POINT SOURCE CATEGORY o 447 --INK FORMULATING POINT SOURCE CATEGORY o 454 --GUM AND WOOD CHEMICALS MANUFACTURING POINT SOURCE CATEGORY o 455 --PESTICIDE CHEMICALS o 457 --EXPLOSIVES MANUFACTURING POINT SOURCE CATEGORY o 458 --CARBON BLACK MANUFACTURING POINT SOURCE CATEGORY o 459 --PHOTOGRAPHIC POINT SOURCE CATEGORY o 460 --HOSPITAL POINT SOURCE CATEGORY o 461 --BATTERY MANUFACTURING POINT SOURCE CATEGORY o 463 --PLASTICS MOLDING AND FORMING POINT SOURCE CATEGORY o 464 --METAL MOLDING AND CASTING POINT SOURCE CATEGORY o 465 --COIL COATING POINT SOURCE CATEGORY o 466 --PORCELAIN ENAMELING POINT SOURCE CATEGORY o 467 --ALUMINUM FORMING POINT SOURCE CATEGORY o 468 --COPPER FORMING POINT SOURCE CATEGORY o 469 --ELECTRICAL AND ELECTRONIC COMPONENTS POINT SOURCE CATEGORY o 471 --NONFERROUS METALS FORMING AND METAL POWDERS POINT SOURCE CATEGORY SUBCHAPTER O --SEWAGE SLUDGE http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 13 of 14 o 501 --STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS o 503 --STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE SUBCHAPTER P --[RESERVED] SUBCHAPTER Q --ENERGY POLICY o 600 --FUEL ECONOMY OF MOTOR VEHICLES o 610 --FUEL ECONOMY RETROFIT DEVICES o 611--699 [RESERVED] SUBCHAPTER R --TOXIC SUBSTANCES CONTROL ACT o 700 --GENERAL o 702 --GENERAL PRACTICES AND PROCEDURES o 704 --REPORTING AND RECORDKEEPING REQUIREMENTS o 707 --CHEMICAL IMPORTS AND EXPORTS o 710 --INVENTORY REPORTING REGULATIONS o 712 --CHEMICAL INFORMATION RULES o 716 --HEALTH AND SAFETY DATA REPORTING o 717 --RECORDS AND REPORTS OF ALLEGATIONS THAT CHEMICAL SUBSTANCES CAUSE SIGNIFICANT ADVERSE REACTIONS TO HEALTH OR THE ENVIRONMENT o 720--PREMANUFACTURE NOTIFICATION o 721 --SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES o 723--PREMANUFACTURE NOTIFICATION EXEMPTIONS o 725 --REPORTING REQUIREMENTS AND REVIEW PROCESSES FOR MICROORGANISMS o 745 --LEAD-BASED PAINT POISIONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES o 747 --METALWORKING FLUIDS o 749 --WATER TREATMENT CHEMICALS o 750 --PROCEDURES FOR RULEMAKING UNDER SECTION 6 OF THE TOXIC SUBSTANCES CONTROL ACT o 761 --POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 Pilot CFR Title 40: Protection of Environment - Table of Contents Page 14 of 14 o 763 --ASBESTOS o 766--DIBENZO-PARA- DIOXINS/DIBENZOFURANS o 767--789 [RESERVED] o 790 --PROCEDURES GOVERNING TESTING CONSENT AGREEMENTS AND TEST RULES o 791 --DATA REIMBURSEMENT o 792 --GOOD LABORATORY PRACTICE STANDARDS o 795 --PROVISIONAL TEST GUIDELINES o 796 --CHEMICAL FATE TESTING GUIDELINES o 797 --ENVIRONMENTAL EFFECTS TESTING GUIDELINES o 798 --HEALTH EFFECTS TESTING GUIDELINES o 799 --IDENTIFICATION OF SPECIFIC CHEMICAL SUBSTANCE AND MIXTURE TESTING REQUIREMENTS • CHAPTER V --COUNCIL ON ENVIRONMENTAL QUALITY o 1500 --PURPOSE, POLICY, AND MANDATE o 1501 --NEPA AND AGENCY PLANNING o 1502 --ENVIRONMENTAL IMPACT STATEMENT o 1503 --COMMENTING o 1504--PREDECISION REFERRALS TO THE COUNCIL OF PROPOSED FEDERAL ACTIONS DETERMINED TO BE ENVIRONMENTALLY UNSATISFACTORY o 1505 --NEPA AND AGENCY DECISIONMAKING o 1506 --OTHER REQUIREMENTS OF NEPA o 1507 --AGENCY COMPLIANCE o 1508 --TERMINOLOGY AND INDEX o 1515 --FREEDOM OF INFORMATION ACT PROCEDURES o 1516 --PRIVACY ACT IMPLEMENTATION o 1517 --PUBLIC MEETING PROCEDURES OF THE COUNCIL ON ENVIRONMENTAL QUALITY • CHAPTER VII- ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF DEFENSE; UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCES o 1700 --UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCES I FAQs I EPA Hamel Comments I What's New ] URL. http://www.epa.gov/epahome/cfr40toc.htm This page last updated: 09/27/00 13:29:27 http://www.epa.gov/epahome/cfr40toc.htm 10/2/00 • • • CHAPTER V -COUNCIL ON ENVIRONMENTAL QUALITY Page 1 of 1 CHAPTER V -COUNCIL ON ENVIRONMENTAL QUALITY • PART 1500 - PURPOSE, POLICY, AND MANDATE (Adobe PDF) • PART 1501- NEPA AND AGENCY PLANNING (Adobe PDF) • PART 1502 - ENVIRONMENTAL IMPACT STATEMENT (Adobe PDF) • PART 1503 - COMMENTING (Adobe PDF) • PART 1504 - PREDECISION REFERRALS TO THE COUNCIL OF PROPOSED FEDERAL ACTIONS DETERMINED TO BE ENVIRONMENTALLY UNSATISFACTORY (Adobe PDF) • PART 1505 - NEPA AND AGENCY DECISIONMAKING (Adobe PDF) • PART 1506 - OTHER REQUIREMENTS OF NEPA (Adobe PDF) • PART 1507 - AGENCY COMPLIANCE (Adobe PDF) • PART 1508 - TERMINOLOGY AND INDEX (Adobe PDF) • PART 1515 - FREEDOM OF INFORMATION ACT PROCEDURES (Adobe PDF) • PART 1516 - PRIVACY ACT IMPLEMENTATION (Adobe PDF) • PART 1517 - PUBLIC MEETING PROCEDURES OF THE COUNCIL ON ENVIRONMENTAL QUALITY (Adobe PDF) [EPA Home Page 1 Comments 1 Search 'Index ] internet support@unixnzail.rtpnc.epa.gov Revised Feb 6, 1996 by an automated conversion program. URL: http://www.epa.gov/epacfr40/chapt-V.info http://www.epa.gov 10/2/00 • • CHAPTER VII -Environmental Protection Agency and Department of Defense; Uniform N.. Page 1 of 1 CHAPTER VII -Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces • PART 1700 - Uniform National Discharge Standards for Vessels of the Armed Forces (Adobe PDF) [EPA Home Page Comments 'Search 'Index ] internet support@unixniail.rtpnc.epa.gov Added: November 23, 1999 by an automated conversion program. URL: http://www.epa.gov/epacfr40/chapt-VII.info http://www.epa.gov 10/2/00 • • • 42 CFR Ch. I (10-1-99 Edition) Page 1 of 3 Title 42 --Public Health (This index contains parts 1 to 399) CHAPTER I --PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES Part 1 [Reserved] 2 Confidentiality of alcohol and drug abuse patient records 2a Protection of identity --research subjects 3 [Reserved] 4 National Library of Medicine 5 Designation of health professional(s) shortage areas 6 Federal tort claims act coverage of certain grantees and individuals 7 Distribution of reference biological standards and biological preparations 21 Commissioned officers 22 Personnel other than commissioned officers 23 National Health Service Corps 24 Senior Biomedical Research Service 31 Medical care for certain personnel of the Coast Guard, National Ocean Survey, Public Health Service, and former Lighthouse Service 32 Medical care for persons with Hansen's disease and other persons in emergencies 34 Medical examination of aliens 35 Hospital and station management 36 Indian health 37 Specifications for medical examinations of underground coal miners 38 Disaster assistance for crisis counseling and training 50 Policies of general applicability 51 Requirements applicable to the protection and advocacy for individuals with mental illness program 51a Project grants for maternal and child health 51b Project grants for preventive health services 51c Grants for community health services 51g [Reserved] 51g 52 Grants for researchrU ojects 52a National Institutes of Health center grants 52b National Cancer Institute construction grants 52c Minority Biomedical Research Support Program 52d National Cancer Institute Clinical Cancer Education Program 52e National Heart, Lung, and Blood Institute grants for prevention and http://www.access.gpo.gov/nara/cfr/waisidx_99/42cfrv1_99.html 10/2/00 42 CFR Ch. I (10-1-99 Edition) Page 2 of 3 control projects 52h Scientific peer review of research grant applications and research and development contract projects 53 Grants, loans and loan guarantees for construction and modernization of hospitals and medical facilities 55a Program grants for Black Lung clinics 56 Grants for migrant health services 57 Grants for construction of teaching facilities, educational improvements, scholarships and student loans 58 Grants for training of public health and allied health personnel 59 Grants for family planning services 59a National Library of Medicine grants 60 Health Education Assistance Loan Program 61 Fellowships 62 National Health Service Corps Scholarship and Loan Repayment Programs 63 Traineeships 63a National Institutes of Health training grants 64 National Library of Medicine training grants 64a Obligated service for mental health traineeships 65 National Institute of Environmental Health Sciences hazardous waste worker training 65a National Institute of Environmental Health Sciences hazardous substances basic research and training grants 66 National Research Service Awards 67 Agency for Health Care Policy and Research grants and contracts 68a National Institutes of Health (NIH) Clinical Research Loan Repayment Program for Individuals from Disadvantaged Backgrounds (CR -LRP) 71 Foreign quarantine 72 Interstate shipment of etiologic agents 7.5 Standards for the accreditation of educational programs for and the credentialing of radiologic personnel 80 Administrative functions, practices, and procedures 84 Approval of Respiratory Protective Devices 85 Requests for health hazard evaluations 8.5a Occupational safety and health investigations of places of employment 86 Grants for education programs in occupational safety and health 87 National Institute for Occupational Safety and Health Research and demonstration grants 90 Administrative functions, practices, and procedures 100 Vaccine injury compensation 110 [Reserved] 121 Oraan Procurement and Transplantation Network 124 Medical facility construction and modernization http://www.access.gpo.gov/nara/cfr/waisidx_99/42cfrv1_99.html 10/2/00 • • • 42 CFR Ch. I (10-1-99 Edition) 125- Reserved] 399 Bao Page 3 of 3 http://www.access.gpo.gov/nara/cfr/waisidx_99/42cfrv1_99.html 10/2/00 • • • 42 CFR Ch. IV (10-1-99 Edition) Page 1 of 1 Title 42 --Public Health (This index contains parts 400 to 429) CHAPTER IV --HEALTH CARE FINANCING ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES Part 400 Introduction; definitions 401 General administrative requirements 402 Civil money penalties, assessments, and exclusions 403 Special programs and projects 405 Federal health insurance for the aged and disabled 406 Hospital insurance eligibility and entitlement 407 Supplementary medical insurance (SMI) enrollment and entitlement 408 Premiums for supplementary medical insurance 409 Hospital insurance benefits 410 Supplementary medical insurance (SMI) benefits 411 Exclusions from Medicare and limitations on Medicare payment 412 Prospective payment systems for inpatient hospital services 413 Principles of reasonable cost reimbursement; payment for end-stage renal disease services; prospectively determined payment rates for skilled nursing facilities 414 Payment for Part B medical and other health services 415 Services furnished by physicians in providers, supervising physicians in teaching settings, and residents in certain settings 416 Ambulatory surgical services 417 Health maintenance organizations, competitive medical plans, and health care prepayment plans 418 Hospice care 420 Program integrity: Medicare 421 Intermediaries and carners 422 Medicare+Choice program 424 Conditions for Medicare payment 4 Back http://www.access.gpo.gov/nara/cfr/waisidx_99/42cfrv2_99.html 10/2/00 1 • 42 CFR Ch. IV (10-1-99 Edition) Page 1 of 2 Title 42 --Public Health (This index contains parts 430 to End) CHAPTER IV --HEALTH CARE FINANCING ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES Part 430 Grants to States for Medical Assistance Programs 431 State organization and general administration. 432 State personnel administration 433 State fiscal administration 434 Contracts 435 Eligibility in the States, District of Columbia, the Northern Mariana Islands, and American Samoa 436 Eligibility in Guam, Puerto Rico, and the Virgin Islands 440 Services: General provisions. 441 Services: Requirements and limits applicable to specific services 442 Standards for payment to nursing facilities and intermediate care facilities for the mentally retarded 447 Payments for services 455 Program integrity: Medicaid 456 Utilization control 462 Peer review organizations 466 Utilization and quality control review 473 Reconsiderations and appeals 476 Acquisition, protection, and disclosure of peer review information 482 Conditions of participation for hospitals 483 Requirements for States and long term care facilities 484 Conditions of participation: Home health agencies 485 Conditions of participation: Specialized providers 486 Conditions for coverage of specialized services furnished by suppliers 488 Survey, certification, and enforcement procedures 489 Provider agreements and supplier approval 491 Certification of certain health facilities 493 Laboratory requirements 494 [Reserved] 498 Appeals procedures for determinations that affect participation in the Medicare program and for determinations that affect the participation of ICFs/MR and certain NFs in the Medicaid program • CHAPTER V --OFFICE OF INSPECTOR GENERAL --HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES http://www.access.gpo.gov/nara/cfr/waisidx_99/42cfrv3_99.html 10/2/00 42 CFR Ch. IV (10-1-99 Edition) 1000Introduction•General definitions 1001 Program integrity --Medicare and State health care pr grams 1002 Program integrity--State-initiated exclusions from Medicaid 1003Civil money penalties, assessments and exclusions 1004Imposition of sanctions on health care practitioners and providers of health care services by a Peer Review Organization 1005 Appeals of exclusions, civil money penalties and assessments 10061nvestigational inquiries 1007 State Medicaid fraud control units 1008 Advisory opinions by the OIG 1 Bac Page 2 of 2 http://www.access.gpo.gov/nara/cfr/waisidx_99/42cfrv3_99.html 10/2/00 • • • 50 CFR Ch. I (10-1-99 Edition) Page 1 of 2 Title 50 --Wildlife and Fisheries (This index contains parts 1 to 199) CHAPTER I --UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR Part 1 Definitions 2 Field organization 3 Nondiscrimination --contracts, permits, and use of facilities 10 General provisions 11 Civil procedures 12 Seizure and forfeiture procedures 13 General permit procedures 14 Importation, exportation, and transportation of wildlife 15 Wild Bird Conservation Act 16 Injurious wildlife 17 Endangered and threatened wildlife and plants 18 Marine mammals 19 Airborne hunting 20 Migratory bird hunting 21 Migratory bird permits 22 Eagle permits 23 Endangered species convention 24 Importation and exportation of plants 25 Administrative provisions 26 Public entry and use 27 Prohibited acts 28 Enforcement, penalty, and procedural requirements for violations of parts 25, 26, and 27 29 Land use management 30 Range and feral animal management 31 Wildlife species management 32 Hunting and fishing 34 Refuge revenue sharing with counties 35 Wilderness preservation and management 36 Alaska National Wildlife Refuges 37 Geological and geophysical exploration of the coastal plain, Arctic National Wildlife Refuge, Alaska 38 Midway Atoll National Wildlife Refuge 70 National fish hatcheries 71 Hunting and fishing on national fish hatchery areas 80 Administrative requirements, Federal Aid in Fish and Federal Aid in Wildlife Restoration Acts http://www.access.gpo.gov/nara/cfr/waisidx_99/50cfrv1_99.html 10/2/00 50 CFR Ch. I (10-1-99 Edition) Page 2 of 2 81 Conservation of endangered and threatened species of fish, wildlife, and plants --cooperation with the States 82 Administrative procedures for grants-in-aid (Marine Mammal Protection Act of 1972) 83 Rules implementing the Fish and Wildlife Conservation Act of 1980 85 Clean Vessel Act Grant Program 90 Feeding depredating migratory waterfowl 91 Migratory bird hunting and conservation stamp contest 96-99 [Reserved] 100 Subsistence management regulations for public lands in Alaska 101- [Reserved] 199 1 Back http://www.access.gpo.gov/nara/cfr/waisidx_99/50cfrv1_99.html 10/2/00 • • • 50 CFR Ch. II (10-1-99 Edition) Page 1 of 2 Title 50 --Wildlife and Fisheries (This index contains parts 200 to 599) CHAPTER II --NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE Part 216 Regulations governing the taking and importing of marine mammals 217- 221 [Reserved] 222 General endangered and threatened marine species 223 Threatened marine and anadromous species 224 Endangered marine and anadromous species 225 [Reserved] 226 Designated critical habitat 229 Authorization for commercial fisheries under the Manne Mammal Protection Act of 1972 230 Whaling provisions 253 Fisheries assistance programs 259 Capital construction fund 260 Inspection and certification 261 United States Standards for Grades 296 Fishermen's Contingency Fund CHAPTER III --INTERNATIONAL FISHING AND RELATED ACTIVITIES 300 International fisheries regulations CHAPTER IV --JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR AND NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE); ENDANGERED SPECIES COMMITTEE REGULATIONS 401 Anadromous fisheries conservation, development and enhancement 402Interagency cooperation --Endangered Species Act of 1973, as amended 403Transfer of marine mammal management authority to States 424Listing endangered and threatened species and designating critical habitat 450General provisions 451 Application procedure 452Consideration of application by the Secretary http://www.access.gpo.gov/nara/cfr/waisidx_99/50cfrv2_99.html 10/2/00 • • • 50 CFR Ch. II (10-1-99 Edition) Page 2 of 2 453 Endangered Species Committee CHAPTER V --MARINE MAMMAL COMMISSION 501 Implementation of the Pnvacy Act of 1974 510lmplementation of the Federal Advisory Committee Act 520Public availability of agency materials 530Compliance with the National Environmental Policy Act. 540Information security 550Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by Manne Mammal Commission 5601mplementation of the Government in the Sunshine Act 1 Bac http://www.access.gpo.gov/nara/cfr/waisidx_99/50cfrv2_99.html 10/2/00 • • • 50 CFR Ch. VI (10-1-99 Edition) Page 1 of 1 Title 50 --Wildlife and Fisheries (This index contains parts 600 to end) CHAPTER VI --FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE Part 600 Magnuson -Stevens Act provisions 622 Fisheries of the Caribbean, Gulf, and South Atlantic 635 Atlantic highly migratory species 640 Spiny lobster fishery of the Gulf of Mexico and South Atlantic 644 [Reserved] 648 Fisheries of the Northeastern United States 649 American lobster fishery 654 Stone crab fishery of the Gulf of Mexico 660 Fisheries off West coast states and in the Western Pacific 679 Fisheries of the Exclusive Economic Zone off Alaska 697 Atlantic coastal fisheries cooperative management / Back http://www.access.gpo.gov/nara/cfr/waisidx_99/50cfrv3_99.html 10/2/00 • Appendix C WACs for WDOE Index RCW 90.48 WAC 173-200 WAC 173-201 A WAC 173-204 WAC 173-218 WAC 173-221 A WAC 173-308 • • Index of Rules / Regulations at the Department of Ecology Page 1 of 8 Home ( Laws I Rules I New I WAC 10.02.00 Track I Search 1 Feedback 1 Ecology Index of Rules (WAC),0Adobe Please select from the following subjects to view related rules: Administration I Air Quality I Environmental Assessment and Labs I Grants and Funds I Hazardous Waste I Noise I Nuclear Waste I Shorelands and Environmental Assistance 1 SEPA I Solid Waste Oil Spills 1 Marine_ Safety IToxics Cleanup and Sediments I Water Quality I Water Resources I Well Drilling Administration Ch. 173-03 WAC Ch. 173-04 WAC Ch. 173-06 WAC Ch. 173-40 WAC top at Page - Public Records - Practice and Procedure - Hearings Board - Delegation of Powers - Pollution Disclosure Air Quality > Ch. 173-400 WAC - General Regulation for Air Pollution Sources • View current rule-making activity Ch. 173-401 WAC - Operating Permit Regulation Ch. 173-405 WAC - Kraft Pulping Mills • View current rule-making activity Ch. 173-406 WAC - Acid Rain Regulation • View current rule-making activity Ch. 173-409 WAC - Omnibus Fee Rule (new preproposed rule) • View current rule-making activity Ch. 173-410 WAC - Sulfite Pulping Mills • View current rule-making activity Ch. 173-415 WAC - Primary Aluminum Plants • View current rule-making activiy Ch. 173-420 WAC - Conformity of Transportation Activities to Air Quality Implementation Plans Ch. 173-421 WAC - Motor Vehicle Emission Control Systems Ch. 173-422 WAC - Motor Vehicle Emission Inspection http://www.ecy.wa.gov/laws-rules/ecywac.html 10/2/00 Index of Rules / Regulations at the Department of Ecology Page 2 of 8 • View current rule-makinq activity Ch. 173-425 WAC - Outdoor Burning Ch. 173-430 WAC - Agricultural Burning Ch.173-433 WAC - Solid Fuel Burning Devices • View current rule-making activity Ch. 173-434 WAC - Solid Waste Incinerator Facilities • View current rule-making activity Ch. 173-435 WAC - Emergency Episode Plan Ch. 173-450 WAC - Establishing Requirements for the Receipt of Financial Aid Ch. 173-460 WAC - Controls for New Sources of Toxic Air Pollutants • View current rule-making activity Ch. 173-465 WAC - New Source Review (new preproposed rule) • View current rule-making activity Ch. 173-470 WAC Ch. 173-474 WAC Ch. 173-475 WAC Dioxide Ch. 173-480 WAC Ch. 173-481 WAC - Ambient Air Quality Standards for Particulate Matter - Ambient Air Quality Standards for Sulfur Oxides - Ambient Air Quality Standards for Carbon Monoxide, Ozone, and Nitrogen - Ambient Air Quality Standards and Emission Limits for Radionuclides - Ambient Air Quality and Environmental Standards for Fluorides • View current rule-makinq activity Ch. 173-490 WAC - Emissions Standards and Controls for Sources Emitting Volatile Organic Compounds (VOC) Ch. 173-491 WAC - Emission Standards and Controls for Sources Emitting Gasoline Vapors Ch 173-492_WAC - Motor Fuel Specifications for Oxygenated Gasoline Ch. 173-495 WAC - Weather Modification top of page Environmental Assessment and Labs > Ch. 173-50 WAC - Accreditation of environmental laboratories top of page Grants and Funds Solid Waste Ch. 173-312 WAC - Coordinated prevention grants • View current rule-making activity Ch. 173-313 WAC - Local solid waste enforcement grant regulation http://www.ecy.wa.gov/laws-rules/ecywac.html 10/2/00 Index of Rules / Regulations at the Department of Ecology Page 3 of 8 Ch. 1.73-321 WAC - Public participation grants • View current rule-making activity Ch. 173-322 WAC - Remedial action grants • View current rule-making activity Water Quality Ch. 173-80 WAC - Limitations on use of Referendum 39 grant funds water pollution abatement Ch. 173-95A WAC - Uses and limitations of the Centennial Clean Water Fund • View current rule making activity Ch. 173-98 WAC - Uses and limitations of the Water Pollution Control State Revolving Fund • View current rule making activity Ch. 173-255 WAC - Limitations on use of Referendum 26 grant funds for water pollution abatement top of page® Hazardous Waste and Toxics Reduction > Ch. 173-303 WAC - Dangerous waste regulations Ch. 173-305 WAC - Hazardous waste fee regulation • View current rule making activity Ch. 173-307 WAC - [Pollution prevention] plans Noise Ch. 1.73-58 WAC - Sound level measurement procedures Ch. 173-60 WAC - Maximum environmental noise levels Ch_ 173-62 WAC - Motor vehicle noise performance standards top of page Nuclear Waste > Ch. 173-44 WAC - Fees — radioactive waste management facilities Ch. 173-325 WAC - Low level radioactive waste disposal Ch. 173-326 WAC - Commercial low—level radioactive waste disposal— site use permits Ch. 173-328 WAC - Mixed waste management fees top of page 411) Shorelands and Environmental Assistance >- http://www.ecy.wa.gov/laws-rules/ecywac.html 10/2/00 Index of Rules / Regulations at the Department of Ecology Page 4 of 8 Ch. 173-09 WAC - Coordinated permit process Ch. 173-15 WAC - Permits for oil or natural gas exploration activities conducted from state marine waters • View current rule making activity Ch. 173-16 WAC - Shoreline Management Act guidelines for development of master programs • View current rule-making activity Ch. 173-18 WAC - Shoreline Management Act — streams and rivers constituting shorelines of the state • View current rule-making activity Ch. 173-20 WAC - Shoreline Management Act — lakes constituting shorelines of the state • View current rule-making activity Ch. 173-22 WAC - Adoptions of designations of wetlands associated with shorelines of the state • View current rule-making activity Ch. 173-26 WAC - State Master Program Approval – Amendment Procedures • View current rule-making activity Ch. 173-27 WAC - Shoreline Management Permit and Enforcement Procedures Ch. 173-145 WAC - Administration of the Flood Control Assistance Account Program • View current rule making activiy Ch.173-158 WAC - Floodplain Management Ch. 173-700 WAC - Compensatory Wetland Mitigation Banks (new preproposed rule) • View current rule-making activity top of page. SEPA Ch. 173-802 WAC - SEPA procedures Ch. 173-806 WAC - Model ordinance Ch. 197-11 WAC - SEPA Rules • View current rule-making activty top of page. Solid Waste and Financial Assistance > Ch. 173-24WAC - Tax exemptions and credits for pollution control facilities http://www.ecy.wa.gov/laws-rules/ecywac.html 10/2/00 Index of Rules / Regulations at the Department of Ecology Page 5 of 8 • View current rule making activity Ch. 173-300 WAC - Certification of operators of solid waste incinerator and landfill facilities • View current rule making activity Ch. 173-304 WAC - Minimum functional standards for solid waste handling • View current rule-making activity Ch. 173-306 WAC - Special incinerator ash management standards • View current rule making activity Ch. 173-308WAC - Biosolids Management Ch. 173-310 WAC - Litter receptacles • View current rule making activ ty Ch. 173-312 WAC - Coordinated prevention grants • View current rule making activity Ch. 173-313 WAC - Local solid waste enforcement grant regulation Ch. 173-314 WAC - Waste tire carrier and storage site licenses Ch. 173-330 WAC - Used automobile oil recycling sign requirement for automobile oil sellers Ch. 173-331 WAC - Vehicle battery recycling Ch. 173-351 WAC - Criteria for municipal solid waste landfills top of page. Spill Prevention, Preparedness and Response > Oil Spills Ch. 173-180A WAC - Facility oil handling operations and design standards Ch. 173-180B WAC - Facility oil handling operations manual standards Ch. 173-180C WAC - Facility personnel oil—handling training and certification Ch. 173-180D WAC - Facility oil spill prevention plan standards Ch. 173-181 WAC - Facility contingency plan and response contractor standards • View current rule making activity Ch. 173-183 WAC - Pre -assessment screening and oil spill compensation schedule regulations Marine Safety Ch. 317-05 WAC - Definitions [Office of Marine Safety] Ch. 317-10 WAC - Vessel Contingency Plan and Response Contractor Standards • View current rule making activity Ch. 317-21 WAC - Tank Vessel Oil Spill Prevention Plans http://www.ecy.wa.gov/laws-rules/ecywac.html 10/2/00 Index of Rules / Regulations at the Department of Ecology Page 6 of 8 • View current rule making activity Ch. 317-31 WAC - Cargo and Passenger Vessels - Substantial Risk Ch. 317-40 WAC - Bunkering Operations Ch. 317-50 WAC - Financial responsibility for small tank barges and oil spill response barges top of page Toxics Cleanup and Sediments > > Ch. 173-204 WAC - Sediment Management Standards • View current rule-making activity Ch. 173-340 WAC - Model Toxics Control Act [MTCA] cleanup • View current rule-making activity Ch. 173-342 WAC - Additional taxable hazardous substance list Ch. 173-360 WAC - Underground Storage Tank Regulations top of page Water Quality > Ch. 173-80 WAC - Limitations on use of Referendum 39 grant funds water pollution abatement Ch. 173-95A WAC - Uses and limitations of the Centennial Clean Water Fund • View current rule making activity Ch. 173-98 WAC - Uses and limitations of the Water Pollution Control State Revolving Fund • View current rule making activity Ch. 173-200 WAC - Water quality standards for ground waters of the state of Washington Ch. 173-201A WAC - Water quality standards for surface waters of the state of Washington • View current rule making activity Ch. 173-205 WAC - Whole effluent toxicity testing and limits Ch. 173-208 WAC - Grant of authority sewerage systems Ch. 173-216 WAC - State Waste Discharge Permit Program Ch. 173-218 WAC - Underground Injection Control Program Ch. 173-220 WAC - National Pollutant Discharge Elimination System Permit Program Ch. 173-221 WAC - Discharge standards and procedures for determining effluent limitations for domestic wastewater facilities Ch. 173-221A WAC - Wastewater discharge standards and effluent limitations Ch. 173-224 WAC - Wastewater discharge permit fees Ch. 173-225 WAC - FWPCA—establishment of implementation procedures of application for certification Ch._ 173-226 WAC - Waste Discharge General Permit Program Ch. 173-230 WAC - Certification of operators of wastewater treatment plants http://www.ecy.wa.gov/laws-rules/ecywac.html 10/2/00 Index of Rules / Regulations at the Department of Ecology Page 7 of 8 Ch. 173-240 WAC - Submission of plans and reports for construction of wastewater facilities Ch. 173-245 WAC - Submission of plans and reports for construction and operation of combined sewer overflow reduction facilities Ch. 173-255 WAC abatement Ch. 173-270 WAC Ch. 372-36 WAC - Ch. 372-52 WAC - sewer districts Ch. 372-68 WAC top of page ED - Limitations on use of Referendum 26 grant funds for water pollution - Puget Sound Highway Runoff Program Columbia Basin Irrigation Area — sewage and waste Water districts requests for approvals and certifications of necessity to operate Water pollution control and abatement plans for sewage drainage basins Water Resources ›.- Ch. Ch. 173-100 WAC - Ground water management areas and programs Ch. 173-124 WAC - Quincy ground water management subarea and zones Ch. 173-128A WAC - Odessa ground water management subarea Ch. 173-130A WAC - Odessa ground water subarea management policy Ch. 173-132 WAC - Duck Lake ground water management subarea Ch. 173-134A WAC - Quincy ground water subarea management policy Ch. 173-136 WAC - Establishment of a system of authorizing the withdrawal of artificially stored ground water embodied in an approved declaration under RCW 90.44.130 which are co -mingled with public ground waters in ground water areas subareas, and zones established under 90.44.130. Ch. 173-150 WAC - Protection of withdrawal facilities associated with ground water rights Ch. 173-152 WAC - Water rights Ch. 173-153 WAC - Water Conservancy Boards Ch. 173-154 WAC - Protection of upper aquifer zones Ch. 173-166 WAC - Emergency drought relief Ch. 173-170 WAC - Agricultural water supply facilities Ch. 173-175 WAC - Dam safety Ch. 173-500 WAC - Water Resources Management Program established pursuant to the Water Resources Act of 1971 Ch. 173-501 WAC - Instream Resources Protection Program Nooksack River Basin - WRIA 1 Ch. 173-503 WAC - Instream Resources Protection Program and Watershed Management Plan - Lower Skagit Basin - WRIA 3 (new preproposed rule) • View current rule-making activity Ch. 173-507 WAC - Instream Resources Protection Program Snohomish River basin - WRIA 7 Ch. 173-508 WAC - Instream Resources Protection Program Cedar–Sammamish basin - WRIA 8 Ch. 1.73-509 WAC - Instream Resources Protection Program Green–Duwamish River basin- WRIA 9 Ch. 173-510 WAC - Instream Resources Protection Program Puyallup River basin - WRIA 10 Ch. 173-511WAC - Instream Resources Protection Program Nisqually River basin - WRIA 11 Ch. 173-512 WAC - Instream Resources Protection Program Chambers–Clover Creek basin - WRIA 12 Ch. 173-513WAC - Instream Resources Protection Program Deschutes River basin - WRIA 13 Ch. 173-514WAC - Instream Resources Protection Program Kennedy — Goldsbourgh basin - WRIA 14 Ch. 173-515 WAC - Instream Resources Protection Program Kitsap - WRIA 15 Ch. 173-518 WAC - Dungeness River Basin Water Management (new preproposed rule) • View current rule-making activity Ch. 173-522 WAC - Water Resources Program Chehalis River basin - WRIA 22 and 23 Ch. 173-531 A WAC - Water Resources Program for John Day–McNary Pools reach of the http://www.ecy.wa.gov/laws-rules/ecywac.html 10/2/00 Index of Rules / Regulations at the Department of Ecology Page 8 of 8 Columbia River - WRIA 31 and parts of 32, 33, 36, 37 Ch. 173-532 WAC - Water Resources Program in the Walla Walla River basin - WRIA 32 Ch. 173-537 WAC - Water Resources Management Program for the Yakima River Basin, Water Resource Inventory Areas 37, 38 and 39. • View current rule-making activity Ch. 173-545 WAC - Instream Resources Protection Program Wenatchee River basin - WRIA 45 Ch. 173-548 WAC - Water Resources Program in the Methow River basin - WRIA 48 Ch. 173-549 WAC - Water Resources Program in the Okanogan River basin - WRIA 49 Ch. 173-555 WAC - Water Resources Program in the Little Spokane River basin - WRIA 55 Ch. 173-559 WAC - Water Resources Program in the Colville River basin - WRIA 59 Ch. 173-563 WAC - Instream Resources Protection Program for the main stem of the Columbia River in Washington State Ch. 173-564 WAC - Water Resources Management Program for the main stem of the Snake River in Washington State Ch. 173-590 WAC - Procedures relating to the reservation of water for future public water supply Ch. 173-591 WAC - Reservation of future public water supply for Thurston County ground water reservation Ch. 173-592 WAC - Reservation of future public water supply for Clark County Ground Water reservation Ch. 508-12 WAC - Administration of surface and ground water codes Ch. 508-14 WAC - Columbia Basin Project — ground waters Ch. 508-64 WAC - Measuring devices for water diversion and withdrawal facilities • View current rule making activity Well Drilling Ch. 173-160 WAC - Minimum standards for construction and maintenance of wells Ch. 173-162 WAC - Regulation and licensing of water well contractors and operators top of page® t While we have taken care with the accuracy of the files accessible here, they are not "official" state rules in the sense that they can be used before a court of law. Due to translation between formats, and the variations in display by web browsers, errors (including human errors) can occur. For assurance of accuracy, consult documents from the Washington State Code Reviser, such as published in the Washington State Register (WSR). top of page Last Update: Monday, October 02, 2000 http://www.ecy.wa.gov/laws-rules/ecywac.html 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 3 Chapter 90.48 RCW WATER POLLUTION CONTROL SECTIONS 90.48. 010 Policy enunciated. 90.48. 020 Definitions. 90.48. 030 Jurisdiction of department. 90.48. 035 Rule-making authority. 90.48. 037 Authority of department to bring enforcement actions. go .4 8.03 9 Hazardous substance remedial actions -- Procedural requirements not applicable. 90.48.045 Environmental excellence program agreements -- Effect on chapter. 90 . 48 . 080 Discharge of polluting matter in waters prohibited. go .4 8.09 0 Right of entry -- Special inspection requirements for metals mining and milling operations. 90 .48 . 095 Authority of department to compel attendance and testimony of witnesses, production of books and papers -- Contempt proceedings to enforce -- Fees. 90.48. 100 Request for assistance. 90.48.110 Plans and proposed methods of operation and maintenance of sewerage or disposal systems to be submitted to department -- Exceptions. 90.48. 112 Plan evaluation -- Consideration of reclaimed water. 9 0.4 8.12 0 Notice of department's determination that violation has or will occur -- Report to department of compliance with determination -- Order or directive to be issued -- Notice. 90 .48. 140 Penalty. 90 .4 8.142 Violations -- Liability in damages for injury or death of fish, animals, vegetation -- Action to recover. 90.48. 144 Violations -- Civil penalty -- Procedure. 90.48. 150 Construction of chapter. 9 0.4 8.153 Cooperation with federal government -- Federal funds. 90 . 4 8.15 6 Cooperation with other states and provinces -- Interstate and state - provincial projects. 90 . 4 8.1 60 Waste disposal permit -- Required -- Exemptions. 90 . 4 8.162 Waste disposal permits required of counties, municipalities and public corporations. 9Q48.1 65 Waste disposal permits required of counties, municipalities and public corporations -- Cities, towns or municipal corporations may be granted authority to issue permits -- Revocation -- Termination of permits. 90 . 48 . 17 0 Waste disposal permits required of counties, municipalities and public corporations -- Application -- Notice as to new operation or increase in volume -- Investigation -- Notice to other state departments. 90.48. 180 Waste disposal corporations - 90 . 48 ._190 Waste disposal corporations - 9 0 . 4.8.19 5 Waste disposal corporations - permits required of counties, municipalities and public - Issuance -- Conditions -- Duration. permits required of counties, municipalities and public - Termination -- Grounds. permits required of counties, municipalities and public - Modification or additional conditions may be ordered. http://search.leg.wa.gov/wslrcw/RCW%20.../RCW%20%2090%20.%2048%20%20chapter.ht 10/2/00 REVISED CODE OF WASHINGTON Page 2 of 3 9 0.4 8.2 00 Waste disposal permits required of counties, municipalities and public corporations -- Nonaction upon application Temporary permit Duration. 9 0.4 8.2 15 Upland finfish facilities -- Waste discharge standards -- Waste disposal permit. 9 0.4 8.2 2 0 Marine finfish rearing facilities -- Waste discharge standards Discharge permit applications -- Exemption. 90.48 .230 Application of administrative procedure law to rule making and adjudicative proceedings. 90.48.240 Water pollution orders for conditions requiring immediate action Appeal. 90 . 4 8.2 5 0 Agreements or contracts to monitor waters and effluent discharge 90.48.260 90.48.261 90.48.262 90.48.264 90.48.270 9 0 . 48 .280 90.48.285 90.48.290 Federal clean water act -- Department designated as state agency, authority -- Powers, duties and functions. Exercise of powers under RCW 90.48.260 -- Aquatic resource mitigation. Implementation of RCW 90.48.260 -- Permits for energy facilities Rules and procedures. Federal clean water act -- Rules for on-site sewage disposal systems adjacent to marine waters. Sewage drainage basins -- Authority of department to delineate and establish. Sewage drainage basins -- Comprehensive plans for sewage drainage basins. Contracts with municipal or public corporations and political subdivisions to finance water pollution control projects -- Requisites -- Priorities. Grants to municipal or public corporations or political subdivisions to aid water pollution control projects -- Limitations. 9 0.4 8.3 0 0 Pollution control facilities Tax exemptions and credits. 90 .4 8.3 64 Discharge of oil into waters of the state -- Definitions. 90.4 8.3 66 Discharge of oil into waters of the state -- Compensation schedule. 9 0.48.3 67 Discharge of oil into waters of the state -- Assessment of compensation. 90 . 4 8.3 68 Discharge of oil into waters of the state -- Preassessment screening. 90.48. 386 Department of natural resources leases. 90 . 4 8.390 Coastal protection fund -- Established -- Moneys credited to -- Use. 90.48. 400 Coastal protection fund -- Disbursal of moneys from. 9 0.4 8.42 0 Water quality standards affected by forest practices -- Department of ecology solely responsible for water quality standards -- Forest practices rules -- Adoption -- Examination -- Enforcement procedures. 90.48.425 Forest practices act and regulations relating to water quality protection to be utilized to satisfy federal water pollution act. 904 8.43 0 Watershed restoration projects -- Approval process -- Waiver of public review. 90.4 8.44 5 Aquatic noxious weed control -- Water quality permits -- Definition. 90.48.447 Aquatic plant management program -- Commercial herbicide information -- Experimental application of herbicides -- Appropriation for study. 90.48 .448 Eurasion water milfoil -- Pesticide 2,4-D application. 90.4 8.450 Discharges from agricultural activity -- Consideration to be given as to whether enforcement action would contribute to conversion of land to nonagricultural use -- Minimize the possibility. http://search.leg.wa.gov/wslrcw/RCW%20.../RCW%20%2090%20.%2048%20%20chapter.ht 10/2/00 REVISED CODE OF WASHINGTON Page 3 of 3 9 0.4 8.4 5 5 Discharge of chlorinated organics -- Engineering reports by pulp and paper mills -- Permits limiting discharge. 90.48.465 Water discharge fees. 90 .4.8.480 Reduction of sewer overflows -- Plans -- Compliance schedule. 90.48.490 Sewage treatment facilities -- Plans to upgrade or construct. 90.48.495 Water conservation measures to be considered in sewer plans. 90.48. 500 Pollution Disclosure Act of 1971. 90.48.520 Review of operations before issuance or renewal of wastewater discharge permits -- Incorporation of permit conditions. 90.48.900 Severability 1945 c 216. 90.48.901 Severability 1967 c 13. 90.48.902 Severability 1970 ex.s. c 88. 90.48.903 Severability 1971 ex.s. c 180. 90.48.904 Severability 1989 c 262. 90.48.906 Short title -- 1971 ex.s. c 180. NOTES: County water and sewerage systems, approval of the department of social and health services and the department of ecology: RCW 36.94.100.Domestic waste treatment plants -- Certification and regulation of operators: Chapter 70.95B RCW.Environmental certification programs -- Fees -- Rules --Liability: RCW 43.21A.175.Oi1 and hazardous substance spill prevention and response: Chapter 90.56RCW.Oil tankers on Puget Sound, restrictions, etc.: RCW 88.16.170 through 88.16.190.Shellfish, sanitary control: RCW 69.30.130.Washington clean air act: Chapter 70.94RCW.Water-sewer district powers as to mutual systems, approval of exercise by pollution control commission: RCW 57.08.065.Water pollution control facilities, tax exemptions and credits: Chapter 82.34RCW.Water resources act of 1971: Chapter 90.54 RCW. http://search.leg.wa.gov/wslrcw/RCW%20.../RCW%20%2090%20.%2048%20%20chapter.ht 10/2/00 • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.010 Policy enunciated. It is declared to be the public policy of the state of Washington to maintain the highest possible standards to insure the purity of all waters of the state consistent with public health and public enjoyment thereof, the propagation and protection of wild life, birds, game, fish and other aquatic life, and the industrial development of the state, and to that end require the use of all known available and reasonable methods by industries and others to prevent and control the pollution of the waters of the state of Washington. Consistent with this policy, the state of Washington will exercise its powers, as fully and as effectively as possible, to retain and secure high quality for all waters of the state. The state of Washington in recognition of the federal government's interest in the quality of the navigable waters of the United States, of which certain portions thereof are within the jurisdictional limits of this state, proclaims a public policy of working cooperatively with the federal government in a joint effort to extinguish the sources of water quality degradation, while at the same time preserving and vigorously exercising state powers to insure that present and future standards of water quality within the state shall be determined by the citizenry, through and by the efforts of state government, of the state of Washington. 4111 [1973 c 155 § 1; 1945 c 216 § 1; Rem. Supp. 1945 § 10964a.] • http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.010.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.020 Definitions. Whenever the word "person" is used in this chapter, it shall be construed to include any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity whatsoever. Wherever the words "waters of the state" shall be used in this chapter, they shall be construed to include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington. Whenever the word "pollution" is used in this chapter, it shall be construed to mean such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. Wherever the word "department" is used in this chapter it shall mean the department of ecology. Whenever the word "director" is used in this chapter it shall mean the director of ecology. Whenever the words "aquatic noxious weed" are used in this chapter, they have the meaning prescribed under RCW 17.26.020. [1995 c 255 § 7; 1987 c 109 § 122; 1967 c 13 § 1; 1945 c 216 § 2; Rem. Supp. 1945 § 10964b.] NOTES: Severability -- Effective date -- 1995 c 255: See RCW 17.26.900 and 17.26.901. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.020.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.030 Jurisdiction of department. The department shall have the jurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington. [1987 c 109 § 123; 1945 c 216 § 10; Rem. Supp. 1945 § 10964j. FORMER PART OF SECTION: 1945 c 216 § 11; Rem. Supp. 1945 § 10964k, now codified as RCW 90.48.035.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20 %2048%20.030.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.035 Rule-making authority. The department shall have the authority to, and shall promulgate, amend, or rescind such rules and regulations as it shall deem necessary to carry out the provisions of this chapter, including but not limited to rules and regulations relating to standards of quality for waters of the state and for substances discharged therein in order to maintain the highest possible standards of all waters of the state in accordance with the public policy as declared in RCW 90.48.010. [1987 c 109 § 124; 1970 ex.s. c 88 § 11; 1967 c 13 § 6; 1945 c 216 § 11; Rem. Supp. 1945 § 10964k. Formerly RCW 90.48.030, part.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.035.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.037 Authority of department to bring enforcement actions. The department, with the assistance of the attorney general, is authorized to bring any appropriate action at law or in equity, including action for injunctive relief, in the name of the people of the state of Washington as may be necessary to carry out the provisions of this chapter or chapter 90.56RCW. [1991 c 200 § 1102; 1987 c 109 § 125; 1967 c 13 § 7.] NOTES: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.037.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.039 Hazardous substance remedial actions -- Procedural requirements not applicable. The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department - conducted remedial action, through the procedures developed by the department pursuant to RCW 70.105D.090. [1994 c 257 § 19.] NOTES: Severability -- 1994 c 257: See note following RCW 36.70A.270. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.039.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.045 Environmental excellence program agreements -- Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW. [1997 c 381 § 26.] NOTES: Purpose -- 1997 c 381: See RCW 43.21K.005. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.045.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.080 Discharge of polluting matter in waters prohibited. It shall be unlawful for any person to throw, drain, run, or otherwise discharge into any of the waters of this state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep or otherwise discharged into such waters any organic or inorganic matter that shall cause or tend to cause pollution of such waters according to the determination of the department, as provided for in this chapter. [1987 c 109 § 126; 1967 c 13 § 8; 1945 c 216 § 14; Rem. Supp. 1945 § 10964n.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.080.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.090 4111110 Right of entry -- Special inspection requirements for metals mining and milling operations. • • The department or its duly appointed agent shall have the right to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating conditions relating to the pollution of or the possible pollution of any of the waters of this state. The department shall have special inspection requirements for metals mining and milling operations regulated under chapter 232, Laws of 1994. The department shall inspect these mining and milling operations at least quarterly in order to ensure compliance with the intent and any permit issued pursuant to this chapter. The department shall conduct additional inspections as needed during the construction phase of these mining operations in order to ensure compliance with this chapter. [1994 c 232 § 21; 1987 c 109 § 127; 1945 c 216 § 15; Rem. Supp. 1945 § 10964o.] NOTES: Severability -- 1994 c 232: See RCW 78.56.900. Effective date -- 1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.090.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.095 Authority of department to compel attendance and testimony of witnesses, production of books and papers -- Contempt proceedings to enforce -- Fees. In carrying out the purposes of this chapter or chapter90.56 RCW_ the department shall, in conjunction with either the adoption of rules, consideration of an application for a waste discharge permit or the termination or modification of such permit, or proceedings in adjudicative hearings, have the authority to issue process and subpoena witnesses effective throughout the state on its own behalf or that of an interested party, compel their attendance, administer oaths, take the testimony of any person under oath and, in connection therewith require the production for examination of any books or papers relating to the matter under consideration by the department. In case of disobedience on the part of any person to comply with any subpoena issued by the department, or on the refusal of any witness to testify to any matters regarding which he may be lawfully interrogated, it shall be the duty of the superior court of any county, or of the judge thereof, on application of the department, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. In connection with the authority granted under this section no witness or other person shall be required to divulge trade secrets or secret processes. Persons responding to a subpoena as provided herein shall be entitled to fees as are witnesses in superior court. [1991 c 200 § 1103; 1987 c 109 § 128; 1967 c 13 § 9.] NOTES: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.095.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.100 Request for assistance. The department shall have the right to request and receive the assistance of any educational institution or state agency when it is deemed necessary by the department to carry out the provisions of this chapter or chapter 90 . 56RCW. [1991 c 200 § 1104; 1987 c 109 § 129; 1945 c 216 § 16; Rem. Supp. 1945 § 10964p.] NOTES: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.100.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.110 Plans and proposed methods of operation and maintenance of sewerage or disposal systems to be submitted to department -- Exceptions. (1) Except under subsection (2) of this section, all engineering reports, plans, and specifications for the construction of new sewerage systems, sewage treatment or disposal plants or systems, or for improvements or extensions to existing sewerage systems or sewage treatment or disposal plants, and the proposed method of future operation and maintenance of said facility or facilities, shall be submitted to and be approved by the department, before construction thereof may begin. No approval shall be given until the department is satisfied that said plans and specifications and the methods of operation and maintenance submitted are adequate to protect the quality of the state's waters as provided for in this chapter. (2) To promote efficiency in service delivery and intergovernmental cooperation in protecting the quality of the state's waters, the department may delegate the authority for review and approval of engineering reports, plans, and specifications for the construction of new sewerage systems, sewage treatment or disposal plants or systems, or for improvements or extensions to existing sewerage system or sewage treatment or disposal plants, and the proposed method of future operations and maintenance of said facility or facilities and industrial pretreatment systems, to local units of government requesting such delegation and meeting criteria established by the department. [1994 c 118 § 1; 1987 c 109 § 130; 1967 c 13 § 10; 1945 c 216 § 17; Rem. Supp. 1945 § 10964q.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.110.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.112 Plan evaluation -- Consideration of reclaimed water. The evaluation of any plans submitted under RCW 90.48.110 must include consideration of opportunities for the use of reclaimed water as defined in RCW 90.46.010. [1997 c 444 § 9.] NOTES: Severability -- 1997 c 444: See note following RCW 90.46.010. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.112.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.120 Notice of department's determination that violation has or will occur -- Report to department of compliance with determination -- Order or directive to be issued -- Notice. (1) Whenever, in the opinion of the department, any person shall violate or creates a substantial potential to violate the provisions of this chapter or chapter 90.56 RCW, or fails to control the polluting content of waste discharged or to be discharged into any waters of the state, the department shall notify such person of its determination by registered mail. Such determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of such determination, such person shall file with the department a full report stating what steps have been and are being taken to control such waste or pollution or to otherwise comply with the determination of the department. Whereupon the department shall issue such order or directive as it deems appropriate under the circumstances, and shall notify such person thereof by registered mail. (2) Whenever the department deems immediate action is necessary to accomplish the purposes of this chapter or chapter 90.56RCW, it may issue such order or directive, as appropriate under the circumstances, without first issuing a notice or determination pursuant to subsection (1) of this section. An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed. [1992 c 73 § 25; 1987 c 109 § 131; 1985 c 316 § 3; 1973 c 155 § 2; 1967 c 13 § 11; 1945 c 216 § 18; Rem. Supp. 1945 § 10964r.] NOTES: Effective dates -- Severability -- 1992 c 73: See RCW 82.23B.902 and 90.56.905. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. Appeal of orders under RCW 90.48.120(2): RCW 43.21B.310. http://search.Ieg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.120.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.140 Penalty. Any person found guilty of willfully violating any of the provisions of this chapter or chapter 90.56 RCW, or any final written orders or directive of the department or a court in pursuance thereof shall be deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter or chapter 90.56_ RCW occurs may be deemed a separate and additional violation. [1992 c 73 § 26; 1973 c 155 § 8; 1945 c 216 § 20; Rem. Supp. 1945 § 10964t.] NOTES: Effective dates -- Severability -- 1992 c 73: See RCW 82.23B.902 and 90.56.905. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.140.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.142 Violations -- Liability in damages for injury or death of fish, animals, vegetation -- Action to recover. (1) Any person who: (a)(i) Violates any of the provisions of this chapter or chapter 90.56 RCW; (ii) Fails to perform any duty imposed by this chapter or chapter 90.56 RCW ; (iii) Violates an order or other determination of the department or the director made pursuant to the provisions of this chapter or chapter 90.56 RCW; (iv) Violates the conditions of a waste discharge permit issued pursuant to RCW 90.48.160; or (v) Otherwise causes a reduction in the quality of the state's waters below the standards set by the department or, if no standards have been set, causes significant degradation of water quality, thereby damaging the same; and ID(b) Causes the death of, or injury to, fish, animals, vegetation, or other resources of the state; shall be liable to pay the state and affected counties and cities damages in an amount determined pursuant to RCW 90.48.367. (2) No action shall be authorized under this section against any person operating in compliance with the conditions of a waste discharge permit issued pursuant to RCW 90.48.160. [1991 c 200 § 810; 1989 c 262 § 2; 1988 c 36 § 69; 1987 c 109 § 132; 1985 c 316 § 6; 1970 ex.s. c 88 § 12; 1967 ex.s. c 139 § 13.] NOTES: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. Findings -- 1989 c 262: "The legislature finds that there is confusion regarding the measure of damages authorized under RCW 90.48.142. The intent of this act is to clarify existing law on the measure of damages authorized under RCW 90.48.142, not to change the law." [1989 c 262 § 1.] Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.142.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 2 of 2 Severability -- 1967 ex.s. c 139: See RCW 82.34.900. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.142.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.144 Violations -- Civil penalty -- Procedure. Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every person who: (1) Violates the terms or conditions of a waste discharge permit issued pursuant to RCW 90.48.180 or 90.48.260 through 90.48.262, or (2) Conducts a commercial or industrial operation or other point source discharge operation without a waste discharge permit as required by RCW 90.48.160 or 90.48.260 through 90.48.262, or (3) Violates the provisions of RCW 90.48.080, or other sections of this chapter or chapter 90.56 RCW or rules or orders adopted or issued pursuant to either of those chapters, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to ten thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the violation's impact on public health and/or the environment in addition to other relevant factors. The penalty herein provided for shall be imposed pursuant to the procedures set forth in RCW 43.21B.300. [1995 c 403 § 636; 1992 c 73 § 27; 1987 c 109 § 17; 1985 c 316 § 2; 1973 c 155 § 9; 1970 ex.s. c 88 § 13; 1967 ex.s. c 139 § 14.] NOTES: Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328. Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 43.05.904. Effective dates -- Severability -- 1992 c 73: See RCW 82.23B.902 and 90.56.905. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. Severability -- 1967 ex.s. c 139: See RCW 82.34.900. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.144.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.150 Construction of chapter. This chapter shall not be construed as repealing any of the laws governing the pollution of the waters of the state, but shall be held and construed as ancillary to and supplementing the same and an addition to the laws now in force, except as the same may be in direct conflict herewith. [1945 c 216 § 21; Rem. Supp. 1945 § 10964u.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.150.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.153 Cooperation with federal government -- Federal funds. The department is authorized to cooperate with the federal government and to accept grants of federal funds for carrying out the purposes of this chapter. The department is empowered to make any application or report required by an agency of the federal government as an incident to receiving such grants. [1987 c 109 § 133; 1949 c 58 § 1; Rem. Supp. 1949 § 10964pp. Formerly RCW 90.48.040.) NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.153.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.156 Cooperation with other states and provinces -- Interstate and state - provincial projects. The department is authorized to cooperate with appropriate agencies of neighboring states and neighboring provinces, to enter into contracts, and make contributions toward interstate and state - provincial projects to carry out the purposes of this chapter and chapter 90.56 RCW. [1991 c 200 § 1105; 1987 c 109 § 134; 1949 c 58 § 2; Rem. Supp. 1949 § 10964pp-1. Formerly RCW 90.48.050.] NOTES: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.156.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.160 Waste disposal permit -- Required -- Exemptions. Any person who conducts a commercial or industrial operation of any type which results in the disposal of solid or liquid waste material into the waters of the state, including commercial or industrial operators discharging solid or liquid waste material into sewerage systems operated by municipalities or public entities which discharge into public waters of the state, shall procure a permit from either the department or the *thermal power plant site evaluation council as provided in RCW 90.48.262 (2) before disposing of such waste material: PROVIDED, That this section shall not apply to any person discharging domestic sewage only into a sewerage system. The department may, through the adoption of rules, eliminate the permit requirements for disposing of wastes into publicly operated sewerage systems for: (1) Categories of or individual municipalities or public corporations operating sewerage systems; or (2) Any category of waste disposer; if the department determines such permit requirements are no longer necessary for the effective implementation of this chapter. The department may by rule eliminate the permit requirements for disposing of wastes by upland finfish rearing facilities unless a permit is required under the federal clean water act's national pollutant discharge elimination system. [1989 c 293 § 2; 1973 c 155 § 3; 1967 c 13 § 13; 1955 c 71 § 1.] NOTES: *Reviser's note: The "thermal power plant site evaluation council" was redesignated the "energy facility site evaluation council" by 1975-'76 2nd ex.s. c 108. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.160.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.162 41 Waste disposal permits required of counties, municipalities and public corporations. • • Any county or any municipal or public corporation operating or proposing to operate a sewerage system, including any system which collects only domestic sewerage, which results in the disposal of waste material into the waters of the state shall procure a permit from the department of ecology before so disposing of such materials. This section is intended to extend the permit system of RCW 90.48.160 to counties and municipal or public corporations and the provisions of RCW 90.48.170 through *90.48.210 and 90.52.040 shall be applicable to the permit requirement imposed under this section. [1972 ex.s. c 140 § 1.] NOTES: *Reviser's note: RCW 90.48.210 was repealed by 1987 c 109 § 159. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.162.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.165 Waste disposal permits required of counties, municipalities and public corporations -- Cities, towns or municipal corporations may be granted authority to issue permits -- Revocation -- Termination of permits. Any city, town or municipal corporation operating a sewerage system including treatment facilities may be granted authority by the department to issue permits for the discharge of wastes to such system provided the department ascertains to its satisfaction that the sewerage system and the inspection and control program operated and conducted by the city, town or municipal corporation will protect the public interest in the quality of the state's waters as provided for in this chapter. Such authority may be granted by the department upon application by the city, town or municipal corporation and may be revoked by the department if it determines that such city, town, or municipal corporation is not, thereafter, operated and conducted in a manner to protect the public interest. Persons holding municipal permits to discharge into sewerage systems operated by a municipal corporation authorized by this section to issue such permits shall not be required to secure a waste discharge permit provided for in RCW 90. 48_ 1.60 as to the wastes discharged into such sewerage systems. Authority granted by the department to cities, towns, or municipal corporations to issue permits under this section shall be in addition to any authority or power now or hereafter granted by law to cities, towns and municipal corporations for the regulation of discharges into sewerage systems operated by such cities, towns, or municipal corporations. Permits issued under this section shall automatically terminate if the authority to issue the same is revoked by the department. [1987 c 109 § 135; 1967 c 13 § 14.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.165.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.170 Waste disposal permits required of counties, municipalities and public corporations -- Application -- Notice as to new operation or increase in volume -- Investigation Notice to other state departments. Applications for permits shall be made on forms prescribed by the department and shall contain the name and address of the applicant, a description of the applicant's operations, the quantity and type of waste material sought to be disposed of, the proposed method of disposal, and any other relevant information deemed necessary by the department. Application for permits shall be made at least sixty days prior to commencement of any proposed discharge or permit expiration date, whichever is applicable. Upon receipt of a proper application relating to a new operation, or an operation previously under permit for which an increase in volume of wastes or change in character of effluent is requested over that previously authorized, the department shall instruct the applicant to publish notices thereof by such means and within such time as the department shall prescribe. The department shall require that the notice so prescribed shall be published twice in a newspaper of general circulation within the county in which the disposal of waste material is proposed to be made and in such other appropriate information media as the department may direct. Said notice shall include a statement that any person desiring to present his or her views to the department with regard to said application may do so in writing to the department, or any person interested in the department's action on an application for a permit, may submit his or her views or notify the department of his or her interest within thirty days of the last date of publication of notice. Such notification or submission of views to the department shall entitle said persons to a copy of the action taken on the application. Upon receipt by the department of an application, it shall immediately send notice thereof containing pertinent information to the director of fish and wildlife and to the secretary of social and health services. When an application complying with the provisions of this chapter and the rules and regulations of the department has been filed with the department, it shall be its duty to investigate the application, and determine whether the use of public waters for waste disposal as proposed will pollute the same in violation of the public policy of the state. [1994 c 264 § 91; 1988 c 36 § 70; 1987 c 109 § 136; 1967 c 13 § 15; 1955 c 71 § 2.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.170.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.180 IPWaste disposal permits required of counties, municipalities and public corporations -- Issuance -- Conditions -- Duration. • • The department shall issue a permit unless it finds that the disposal of waste material as proposed in the application will pollute the waters of the state in violation of the public policy declared in RCW 90.48.010. The department shall have authority to specify conditions necessary to avoid such pollution in each permit under which waste material may be disposed of by the permittee. Permits may be temporary or permanent but shall not be valid for more than five years from date of issuance. [1987 c 109 § 137; 1967 c 13 § 16; 1955 c 71 § 3.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.Ieg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.180.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.190 •Waste disposal permits required of counties, municipalities and public corporations -- Termination -- Grounds. • • A permit shall be subject to termination upon thirty days' notice in writing if the department finds: (1) That it was procured by misrepresentation of any material fact or by lack of full disclosure in the application; (2) That there has been a violation of the conditions thereof; (3) That a material change in quantity or type of waste disposal exists. [1987 c 109 § 138; 1967 c 13 § 17; 1955 c 71 § 4. (1987 3rd ex.s. c 2 § 43 repealed by 1989 c 2 § 24, effective March 1, 1989.)] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.190.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.195 Waste disposal permits required of counties, municipalities and public corporations -- Modification or additional conditions may be ordered. In the event that a material change in the condition of the state waters occurs the department may, by appropriate order, modify permit conditions or specify additional conditions in permits previously issued. [1987 c 109 § 139; 1967 c 13 § 18.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.195.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.200 Waste disposal permits required of counties, municipalities and public corporations -- Nonaction upon application -- Temporary permit -- Duration. In the event of failure of the department to act upon an application within sixty days after it has been filed the applicant shall be deemed to have received a temporary permit. Said permit shall authorize the applicant to discharge wastes into waters of the state as requested in its application only until such time as the department shall have taken action upon said application. [1987 c 109 § 140; 1967 c 13 § 19; 1955 c 71 § 5.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.200.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.215 41) Upland finfish facilities -- Waste discharge standards -- Waste disposal permit. • • (1) The following definition shall apply to this section: "Upland finfish hatching and rearing facilities" means those facilities not located within waters of the state where finfish are hatched, fed, nurtured, held, maintained, or reared to reach the size of release or for market sale. This shall include fish hatcheries, rearing ponds, spawning channels, and other similarly constructed or fabricated public or private facilities. (2) Not later than September 30, 1989, the department shall adopt standards pursuant to chapter 34.05RCW for waste discharges from upland finfish hatching and rearing facilities. In establishing these standards, the department shall incorporate, to the extent applicable, studies conducted by the United States environmental protection agency on finfish rearing facilities and other relevant information. The department shall also issue a general permit as authorized by the federal clean water act, 33 U.S.C. 1251 et seq., or RCW 90.48.160 by September 30, 1989, for upland finfish hatching and rearing facilities. The department shall approve or deny applications for coverage under the general permit for upland finfish hatching and rearing facilities within one hundred eighty days from the date of application, unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants for coverage by a general permit as soon as it determines that a proposed discharge meets or fails to comply with the standards or general permit conditions set forth pursuant to this section, or that a time period longer than one hundred eighty days is necessary to satisfy public participation requirements or the state environmental policy act. [1989 c 293 § 1.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.215.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.220 Marine finfish rearing facilities -- Waste discharge standards -- Discharge permit applications -- Exemption. (1) For the purposes of this section "marine finfish rearing facilities" means those private and public facilities located within the salt water of the state where finfish are fed, nurtured, held, maintained, or reared to reach the size of release or for market sale. (2) Not later than October 31, 1994, the department shall adopt criteria under chapter 34.05 RCW for allowable sediment impacts from organic enrichment due to marine finfish rearing facilities. (3) Not later than June 30, 1995, the department shall adopt standards under chapter 34.05 RCW for waste discharges from marine finfish rearing facilities. In establishing these standards, the department shall review and incorporate, to the extent possible, studies conducted by state and federal agencies on waste discharges from marine finfish rearing facilities, and any reports and other materials prepared by technical committees on waste discharges from marine finfish rearing facilities. The department shall approve or deny discharge permit applications for marine finfish rearing facilities within one hundred eighty days from the date of application, unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants as soon as it determines that a proposed discharge meets or fails to comply with the standards adopted pursuant to this section, or if a time period longer than one hundred eighty days is necessary to satisfy public participation requirements of the state environmental policy act. (4) The department may adopt rules to exempt marine finfish rearing facilities not requiring national pollutant discharge elimination system permits under the federal water pollution control act from the discharge permit requirement. [1993 c 296 § 1.] http://search.Ieg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.220.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.230 IIIApplication of administrative procedure law to rule making and adjudicative proceedings. • • The provisions of chapter 34.05 RCW, the Administrative Procedure Act, apply to all rule making and adjudicative proceedings authorized by or arising under the provisions of this chapter. [1989 c 175 § 181; 1967 c 13 § 21.] NOTES: Effective date -- 1989 c 175: See note following RCW 34.05.010. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.230.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.240 Water pollution orders for conditions requiring immediate action -- Appeal. Notwithstanding any other provisions of this chapter or chapter 90.56 RCW, whenever it appears to the director that water quality conditions exist which require immediate action to protect the public health or welfare, or that a person required by RCW 90.48.160 to obtain a waste discharge permit prior to discharge is discharging without the same, or that a person conducting an operation which is subject to a permit issued pursuant to RCW 90.48.160 conducts the same in violation of the terms of said permit, causing water quality conditions to exist which require immediate action to protect the public health or welfare, the director may issue a written order to the person or persons responsible without prior notice or hearing, directing and affording the person or persons responsible the alternative of either (1) immediately discontinuing or modifying the discharge into the waters of the state, or (2) appearing before the department at the time and place specified in said written order for the purpose of providing to the department information pertaining to the violations and conditions alleged in said written order. The responsible person or persons shall be afforded not less than twenty-four hours notice of such an information meeting. If following such a meeting the department determines that water quality conditions exist which require immediate action as described herein, the department may issue a written order requiring immediate discontinuance or modification of the discharge into the waters of the state. In the event an order is not immediately complied with the attorney general, upon request of the department, shall seek and obtain an order of the superior court of the county in which the violation took place directing compliance with the order of the department. Such an order is appealable pursuant to RCW 43.21B.310. [1991 c 200 § 1106; 1987 c 109 § 15; 1967 c 13 § 22.] NOTES: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.240.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.250 Agreements or contracts to monitor waters and effluent discharge. The department is authorized to make agreements and enter into such contracts as are appropriate to carry out a program of monitoring the condition of the waters of the state and the effluent discharged therein, including contracts to monitor effluent discharged into public waters when such monitoring is required by the terms of a waste discharge permit or as part of the approval of a sewerage system, if adequate compensation is provided to the department as a term of the contract. [1987 c 109 § 141; 1967 c 13 § 23.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.250.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.260 Federal clean water act -- Department designated as state agency, authority -- Powers, duties and functions. The department of ecology is hereby designated as the State Water Pollution Control Agency for all purposes of the federal clean water act as it exists on February 4, 1987, and is hereby authorized to participate fully in the programs of the act as well as to take all action necessary to secure to the state the benefits and to meet the requirements of that act. With regard to the national estuary program established by section 320 of that act, the department shall exercise its responsibility jointly with the *Puget Sound water quality authority. The powers granted herein include, among others, and notwithstanding any other provisions of chapter 90.48 RCW or otherwise, the following: (1) Complete authority to establish and administer a comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable the department to qualify for full participation in any national waste discharge or pollution discharge elimination permit system and will allow the department to be the sole agency issuing permits required by such national system operating in the state of Washington subject to the provisions of RCW 90.48. 262 (2) . Program elements authorized herein may include, but are not limited to: (a) Effluent treatment and limitation requirements together with timing requirements related thereto; (b) applicable receiving water quality standards requirements; (c) requirements of standards of performance for new sources; (d) pretreatment requirements; (e) termination and modification of permits for cause; (f) requirements for public notices and opportunities for public hearings; (g) appropriate relationships with the secretary of the army in the administration of his responsibilities which relate to anchorage and navigation, with the administrator of the environmental protection agency in the performance of his duties, and with other governmental officials under the federal clean water act; (h) requirements for inspection, monitoring, entry, and reporting; (i) enforcement of the program through penalties, emergency powers, and criminal sanctions; (j) a continuing planning process; and (k) user charges. (2) The power to establish and administer state programs in a manner which will insure the procurement of moneys, whether in the form of grants, loans, or otherwise; to assist in the construction, operation, and maintenance of various water pollution control facilities and works; and the administering of various state water pollution control management, regulatory, and enforcement programs. (3) The power to develop and implement appropriate programs pertaining to continuing planning processes, area -wide waste treatment management plans, and basin planning. The governor shall have authority to perform those actions http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.260.ht 10/2/00 REVISED CODE OF WASHINGTON Page 2 of 2 required of him or her by the federal clean water act. 4111 [1988 c 220 § 1; 1983 c 270 § 1; 1979 ex.s. c 267 § 1; 1973 c 155 § 4; 1967 c 13 § 24.] • • NOTES: *Reviser's note: The Puget Sound water quality authority and its powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§ 11 and 12. Powers, duties, and functions of the Puget Sound water quality authority pertaining to cleanup and protection of Puget Sound transferred to the Puget Sound action team by 1996 c 138 § 11. See RCW 90.71.903. Severability -- 1983 c 270: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 270 § 5.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.260.ht 10/2/00 • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.261 Exercise of powers under RCW 90.48.260 -- Aquatic resource mitigation. When exercising its powers under RCW 90.48.260, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030. [1997 c 424 § 7.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.261.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.262 Implementation of RCW 90.48.260 -- Permits for energy facilities -- Rules and procedures. (1) The powers established under RCW 90.48.260 shall be implemented by the department through the adoption of rules in every appropriate situation. The permit program authorized under RCW 90.48.260(1) shall constitute a continuation of the established permit program of RCW 90.48.160 and other applicable sections within chapter 90.48 RCW. The appropriate modifications as authorized in *this 1973 amendatory act are designed to avoid duplication and other wasteful practices and to insure that the state permit program contains all required elements of and is compatible with the requirements of any national permit system. (2) Permits for energy facilities subject to chapter 80.50 RCW shall be issued by the energy facility site evaluation council: PROVIDED, That such permits shall become effective only if the governor approves an application for certification and executes a certification agreement pursuant to said chapter. The council shall have all powers necessary to establish and administer a point source discharge permit program pertaining to such plants, consistent with applicable receiving water quality standards established by the department, and to qualify for full participation in any national waste discharge or pollution discharge elimination permit system. The council and the department shall each adopt, by rules, procedures which will provide maximum coordination and avoid duplication between the two agencies with respect to permits in carrying out the requirements of *this act including, but not limited to, monitoring and enforcement of certification agreements, and in qualifying for full participation in any such national system. [1975-'76 2nd ex.s. c 108 § 41; 1973 c 155 § 5.] NOTES: *Reviser's note: "This 1973 amendatory act" and "this act" apparently refer to 1973 c 155, which consists of this section, amendments to RCW 90.48.010, 90.48.120, 90.48.140, 90.48.144, 90.48.160, and 90.48.260, and the repeal of RCW 90.48.070. Severability -- Effective date -- 1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.262.ht 10/2/00 • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.264 Federal clean water act -- Rules for on-site sewage disposal systems adjacent to marine waters. In implementing this chapter and in participating in programs under the federal clean water act, the department may consult with the department of social and health services concerning standards for repair of existing, failing on-site sewage disposal systems that are adjacent to marine waters. By January 1, 1989, the department of social and health services shall propose rules for adoption by the state board of health identifying the standards for repair of existing, failing on-site sewage disposal systems at single-family residences that were legally occupied prior to June 9, 1988, and that are adjacent to marine waters. The rules may specify the design, operation and maintenance standards for such repaired systems so as to ensure protection of the public health, attainment of state water quality standards and the protection of shellfish and other public resources. The rules shall also provide that any proposed discharge to marine water shall be considered only if on- site sewage disposal systems are not feasible and that such discharges shall meet the requirements of this chapter and department of ecology regulations. The state board of health shall adopt such proposed rules unless the board finds modification or rejection of them necessary to protect the public health. [1988 c 220 § 2.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.264.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.270 Sewage drainage basins -- Authority of department to delineate and establish. The department shall have authority to delineate and establish sewage drainage basins in the state for the purpose of developing and/or adopting comprehensive plans for the control and abatement of water pollution within such basins. Basins may include, but are not limited to, rivers and their tributaries, streams, coastal waters, sounds, bays, lakes, and portions or combinations thereof, as well as the lands drained thereby. [1987 c 109 § 142; 1967 c 13 § 26.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. Aquifer protection areas: Chapter 36.36 RCW. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.270.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.280 Sewage drainage basins -- Comprehensive plans for sewage drainage basins. The department is authorized to prepare and/or adopt a comprehensive water pollution control and abatement plan and to make subsequent amendments thereto, for each basin established pursuant to RCW 90.48.270. Comprehensive plans for sewage drainage basins may be prepared by any municipality and submitted to the department for adoption. Prior to adopting a comprehensive plan for any basin or any subsequent amendment thereof the department shall hold a public hearing thereon. Notice of such hearing shall be given by registered mail, together with copies of the proposed plan, to each municipality, or other political subdivision, within the basin exercising a sewage disposal function, at least twenty days prior to the hearing date. Such hearing may be continued from time to time and, at the termination thereof, the department may reject the plan proposed or adopt it with such modifications as it shall deem proper. Following adoption of a comprehensive plan for any basin, the department shall require compliance with such plan by any municipality or person operating or constructing a sewage collection, treatment or disposal system or plant, or any improvement to or extension of an existing sewage collection, treatment or disposal system or plant, within the basin. [1987 c 109 § 143; 1967 c 13 § 27.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.280.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.285 Contracts with municipal or public corporations and political subdivisions to finance water pollution control projects -- Requisites -- Priorities. The department is authorized to enter into contracts with any municipal or public corporation or political subdivision within the state for the purpose of assisting such agencies to finance the construction of water pollution control projects necessary to prevent the discharge of untreated or inadequately treated sewage or other waste into the waters of the state, including but not limited to, systems for the control of storm or surface waters which will provide for the removal of waste or polluting materials in a manner conforming to the comprehensive plan of water pollution control and abatement proposed by the agencies and approved by the department. Any such contract may provide for: The payment by the department to a municipal or public corporation or political subdivision on a monthly, quarterly, or annual basis of varying amounts of moneys as advances which shall be repayable by said municipal or public corporation, or political subdivision under conditions determined by the department. Contracts made by the department shall be subject to the following limitations: (1) No contract shall be made unless the department shall find that the project cannot be financed at reasonable cost or within statutory limitations by the borrower without the making of such contract. (2) No contract shall be made with any public or municipal corporation or political subdivision to assist in the financing of any project located within a sewage drainage basin for which the department shall have previously adopted a comprehensive water pollution control and abatement plan unless the project is found by the department to conform with the basin comprehensive plan. (3) The department shall determine the interest rate, not to exceed ten percent per annum, which such advances shall bear. (4) The department shall provide such reasonable terms and conditions of repayment of advances as it may determine. (5) The total outstanding amount which the department may at any time be obligated to pay under all outstanding contracts made pursuant to this section shall not exceed the moneys available for such payment. (6) Municipal or public corporations or political subdivisions shall meet such qualifications and follow such procedures in http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.285.ht 10/2/00 REVISED CODE OF WASHINGTON Page 2 of 2 applying for contract assistance as shall be established by the department. In making such contracts the department shall give priority to projects which will provide relief from actual or potential public health hazards or water pollution conditions and which provide substantial capacity beyond present requirements to meet anticipated future demand. [1987 c 109 § 144; 1980 c 32 § 13; 1969 ex.s. c 141 § 1.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. Severability -- 1969 ex.s. c 141: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not affected." [1969 ex.s. c 141 § 2.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.285.ht 10/2/00 • • REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.290 Grants to municipal or public corporations or political subdivisions to aid water pollution control projects -- Limitations. The department is authorized to make and administer grants within appropriations authorized by the legislature to any municipal or public corporation, or political subdivision within the state for the purpose of aiding in the construction of water pollution control projects necessary to prevent the discharge of untreated or inadequately treated sewage or other waste into the waters of the state including, but not limited to, projects for the control of storm or surface waters which will provide for the removal of waste or polluting materials therefrom. Grants so made by the department shall be subject to the following limitations: (1) No grant shall be made in an amount which exceeds the recipient's contribution to the estimated cost of the project: PROVIDED, That the following shall be considered a part of the recipient's contribution: (a) Any grant received by the recipient from the federal government pursuant to section 8(f) of the Federal Water Pollution Control Act (33 U.S.C. 466) for the project; (b) Any expenditure which is made by any municipal or public corporation, or political subdivision within the state as a part of a joint effort with the recipient to carry out the project and which has not been used as a matching contribution for another grant made pursuant to this chapter, and (c) Any expenditure for the project made by the recipient out of moneys advanced by the department from a revolving fund and repayable to said fund. (2) No grant shall be made for any project which does not qualify for and receive a grant of federal funds under the provisions of the Federal Water Pollution Control Act as now or hereafter amended: PROVIDED, That this restriction shall not apply to state grants made in any biennium over and above the amount of such grants required to match all federal funds allocated to the state for such biennium. (3) No grant shall be made to any municipal or public corporation, or political subdivision for any project located within a drainage basin unless the department shall have previously adopted a comprehensive water pollution control and abatement plan and unless the project is found by the department to conform with such basin comprehensive plan: PROVIDED, That the requirement for a project to conform to a comprehensive water pollution control and http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.290.ht 10/2/00 REVISED CODE OF WASHINGTON Page 2 of 2 abatement plan may be waived by the department for any grant application filed with the department prior to July 1, 1974, in those situations where the department finds the public interest would be served better by approval of any grant application made prior to adoption of such plan than by its denial. (4) Recipients of grants shall meet such qualifications and follow such procedures in applying for grants as shall be established by the department. (5) Grants may be made to reimburse recipients for expenditures made after July 1, 1967 for projects which meet the requirements of this section and were commenced after the recipient had filed a grant application with the department. [1987 c 109 § 145; 1969 ex.s. c 284 § 1; 1967 c 13 § 28.] NOTES: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001. Severability -- 1969 ex.s. c 284: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1969 ex.s. c 284 § 24.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.290.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.300 Pollution control facilities Tax exemptions and credits. See chapter 82.34 RCW. http://search.leg.wa.gov/wslrcw/RCW%o20%2090.../RCW%20%2090%20.%2048%20.300.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.364 Discharge of oil into waters of the state -- Definitions. For the purposes of this chapter, "technical feasibility" or "technically feasible" means that given available technology, a restoration or enhancement project can be successfully completed at a cost that is not disproportionate to the value of the resource before the injury. [1991 c 200 § 811.] NOTES: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.364.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.366 Discharge of oil into waters of the state -- Compensation schedule. By July 1, 1991, the department, in consultation with the departments of *fisheries, wildlife, and natural resources, and the parks and recreation commission, shall adopt rules establishing a compensation schedule for the discharge of oil in violation of this chapter and chapter 90.56RCW. The amount of compensation assessed under this schedule shall be no less than one dollar per gallon of oil spilled and no greater than fifty dollars per gallon of oil spilled. The compensation schedule shall reflect adequate compensation for unquantifiable damages or for damages not quantifiable at reasonable cost for any adverse environmental, recreational, aesthetic, or other effects caused by the spill and shall take into account: (1) Characteristics of any oil spilled, such as toxicity, dispersibility, solubility, and persistence, that may affect the severity of the effects on the receiving environment, living organisms, and recreational and aesthetic resources; (2) The sensitivity of the affected area as determined by such factors as: (a) The location of the spill; (b) habitat and living resource sensitivity; (c) seasonal distribution or sensitivity of living resources; (d) areas of recreational use or aesthetic importance; (e) the proximity of the spill to important habitats for birds, aquatic mammals, fish, or to species listed as threatened or endangered under state or federal law; (f) significant archaeological resources as determined by the office of archaeology and historic preservation; and (g) other areas of special ecological or recreational importance, as determined by the department. If the department has adopted rules for a compensation table prior to July 1, 1992, the sensitivity of significant archaeological resources shall only be included among factors to be used in the compensation table when the department revises the rules for the compensation table after July 1, 1992; and (3) Actions taken by the party who spilled oil or any party liable for the spill that: (a) Demonstrate a recognition and affirmative acceptance of responsibility for the spill, such as the immediate removal of oil and the amount of oil removed from the environment; or (b) enhance or impede the detection of the spill, the determination of the quantity of oil spilled, or the extent of damage, including the unauthorized removal of evidence such as injured fish or wildlife. [1994 sp.s. c 9 § 855; 1992 c 73 § 28; 1991 c 200 § 812; 1989 c 388 § 2.] NOTES: *Reviser's note: Powers, duties, and functions of the http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.366.ht 10/2/00 REVISED CODE OF WASHINGTON Page 2 of 2 department of fisheries and the department of wildlife were transferred to the department of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994. Severability -- Headings and captions not law -- Effective date -- 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902. Effective dates -- Severability -- 1992 c 73: See RCW 82.23B.902 and 90.56.905. Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. Intent -- Application -- Captions -- Severability -- 1989 c 388: See notes following RCW 90.56.010. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.366.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.367 Discharge of oil into waters of the state -- Assessment of compensation. (1) After a spill or other incident causing damages to the natural resources of the state, the department shall conduct a formal preassessment screening as provided in RCW 90.48.368. (2) The department shall use the compensation schedule established under RCW 90.4.8 .366 to determine the amount of damages if the preassessment screening committee determines that: (a) Restoration or enhancement of the injured resources is not technically feasible; (b) damages are not quantifiable at a reasonable cost; and (c) the restoration and enhancement projects or studies proposed by the liable parties are insufficient to adequately compensate the people of the state for damages. (3) If the preassessment screening committee determines that the compensation schedule should not be used, compensation shall be assessed for the amount of money necessary to restore any damaged resource to its condition before the injury, to the extent technically feasible, and compensate for the lost value incurred during the period between injury and restoration. (4) Restoration shall include the cost to restock such waters, replenish or replace such resources, and otherwise restore the stream, lake, or other waters of the state, including any estuary, ocean area, submerged lands, shoreline, bank, or other lands adjoining such waters to its condition before the injury, as such condition is determined by the department. The lost value of a damaged resource shall be equal to the sum of consumptive, nonconsumptive, and indirect use values, as well as lost taxation, leasing, and licensing revenues. Indirect use values may include existence, bequest, option, and aesthetic values. Damages shall be determined by generally accepted and cost-effective procedures, including, but not limited to, contingent valuation method studies. (5) Compensation assessed under this section shall be recoverable in an action brought by the attorney general on behalf of the people of the state of Washington and affected counties and cities in the superior court of Thurston county or any county in which damages occurred. Moneys recovered by the attorney general under this section shall be deposited in the coastal protection fund established under RCW 90.48.390, and shall only be used for the purposes stated in RCW 90.48.400. (6) Compensation assessed under this section shall preclude claims under this chapter by local governments for compensation for damages to publicly owned resources resulting from the same incident. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.367.ht 10/2/00 • • REVISED CODE OF WASHINGTON Page 2 of 2 [1991 c 200 § 813; 1989 c 388 § 3.] NOTES: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. Intent -- Application -- Captions -- Severability -- 1989 c 388: See notes following RCW 90.56.010. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.367.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.368 Discharge of oil into waters of the state -- Preassessment screening. (1) The department shall adopt rules establishing a formal process for preassessment screening of damages resulting from spills to the waters of the state causing the death of, or injury to, fish, animals, vegetation, or other resources of the state. The rules shall specify the conditions under which the department shall convene a preassessment screening committee. The preassessment screening process shall occur concurrently with reconnaissance activities. The committee shall use information obtained from reconnaissance activities as well as any other relevant resource and resource use information. For each incident, the committee shall determine whether a damage assessment investigation should be conducted, or, whether the compensation schedule authorized under RCW 90.48.366 and 90.48.367 should be used to assess damages. The committee may accept restoration or enhancement projects or studies proposed by the liable parties in lieu of some or all of: (a) The compensation schedule authorized under RCW 90.48 _36.6 and 90.48.367; or (b) the claims from damage assessment studies authorized under RCW 90.48.142. (2) A preassessment screening committee may consist of representatives of the departments of ecology, fish and wildlife, natural resources, social and health services, and emergency management, the parks and recreation commission, the office of archaeology and historic preservation, as well as other federal, state, and local agencies, and tribal and local governments whose presence would enhance the reconnaissance or damage assessment aspects of spill response. The department shall chair the committee and determine which representatives will be needed on a spill -by -spill basis. (3) The committee shall consider the following factors when determining whether a damage assessment study authorized under RCW 90.48.367 should be conducted: (a) Whether evidence from reconnaissance investigations suggests that injury has occurred or is likely to occur to publicly owned resources; (b) the potential loss in services provided by resources injured or likely to be injured and the expected value of the potential loss; (c) whether a restoration project to return lost services is technically feasible; (d) the accuracy of damage quantification methods that could be used and the anticipated cost-effectiveness of applying each method; (e) the extent to which likely injury to resources can be verified with available quantification methods; and (f) whether the injury, once quantified, can be translated into monetary values with sufficient precision or accuracy. (4) When a resource damage assessment is required for an oil spill in the navigable waters of the state, as defined in RCW 90.56.010, the state trustee agency responsible for the resource and http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.368.ht 10/2/00 REVISED CODE OF WASHINGTON Page 2 of 2 habitat damaged shall conduct the damage assessment and pursue all appropriate remedies with the responsible party. (5) Oil spill damage assessment studies authorized under RCW 90.48.367 may only be conducted if the committee, after considering the factors enumerated in subsection (3) of this section, determines that the damages to be investigated are quantifiable at a reasonable cost and that proposed assessment studies are clearly linked to quantification of the damages incurred. (6) As new information becomes available, the committee may reevaluate the scope of damage assessment using the factors listed in subsection (3) of this section and may reduce or expand the scope of damage assessment as appropriate. (7) The preassessment screening process shall provide for the ongoing involvement of persons who may be liable for damages resulting from an oil spill. The department may negotiate with a potentially liable party to perform restoration and enhancement projects or studies which may substitute for all or part of the compensation authorized under RCW 90.48.366 and 90.48.367 or the damage assessment studies authorized under RCW 90.48_367. (8) For the purposes of this section and RCW 90.48.367, the cost of a damage assessment shall be considered "reasonable" when the anticipated cost of the damage assessment is expected to be less than the anticipated damage that may have occurred or may occur. [1994 c 264 § 92; 1992 c 73 § 29; 1991 c 200 § 814; 1989 c 388 § 4.] NOTES: Effective dates -- Severability -- 1992 c 73: See RCW 82.23B.902 and 90.56.905. Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. Intent -- Application -- Captions -- Severability -- 1989 c 388: See notes following RCW 90.56.010. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.368.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.386 Department of natural resources leases. After May 15, 1991, the department of natural resources shall include in its leases for onshore and offshore facilities the following provisions: (1) Require those wishing to lease, sublease, or re -lease state-owned aquatic lands to comply with the provisions of this chapter; (2) Require lessees and sublessees to operate according to the plan of operations and to keep the plan current in compliance with this chapter; and (3) Include in its leases provisions that a violation by the lessee or sublessee of the provisions of this chapter may be grounds for termination of the lease. [1991 c 200 § 1101.] NOTES: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.386.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.390 Coastal protection fund -- Established -- Moneys credited to -- Use. The coastal protection fund is established to be used by the department as a revolving fund for carrying out the purposes of restoration of natural resources under this chapter and chapter 90.56RCW. To this fund there shall be credited penalties, fees, damages, charges received pursuant to the provisions of this chapter and chapter 90.56 RCW, compensation for damages received under this chapter and chapter 90.56 RCW, and an amount equivalent to one cent per gallon from each marine use refund claim under RCW 82.36.330. Moneys in the fund not needed currently to meet the obligations of the department in the exercise of its powers, duties, and functions under RCW 90.48.142, 90.48.366, 90.48.367, and 90.48.368 shall be deposited with the state treasurer to the credit of the fund. [1991 sp.s. c 13 § 84; 1991 c 200 § 815; 1989 c 388 § 7; 1989 c 262 § 3; 1971 ex.s. c 180 § 4.] NOTES: Effective dates -- following RCW 18.08.240 Effective dates -- 90.56.901 and 90.56.904 • • Severability -- 1991 sp.s. c 13: See notes Severability -- 1991 c 200: See RCW Intent -- Application -- Captions -- Severability -- 1989 c 388: See notes following RCW 90.56.010. Findings -- 1989 c 262: See note following RCW 90.48.142. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.390.ht 10/2/00 • • REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.400 Coastal protection fund -- Disbursal of moneys from. (1) Moneys in the coastal protection fund shall be disbursed for the following purposes and no others: (a) Environmental restoration and enhancement projects intended to restore or enhance environmental, recreational, archaeological, or aesthetic resources for the benefit of Washington's citizens; (b) Investigations of the long-term effects of oil spills; and (c) Development and implementation of an aquatic land geographic information system. (2) The director may allocate a portion of the fund to be devoted to research and development in the causes, effects, and removal of pollution caused by the discharge of oil or other hazardous substances. (3) A steering committee consisting of representatives of the departments of ecology, fish and wildlife, and natural resources, and the parks and recreation commission shall authorize the expenditure of the moneys collected under RCW 90.48.36.6 through 90.48.368, after consulting impacted local agencies and local and tribal governments. (4) Agencies may not be reimbursed from the coastal protection fund for the salaries and benefits of permanent employees for routine operational support. Agencies may only be reimbursed under this section if money for reconnaissance and damage assessment activities is unavailable from other sources. [1994 c 264 § 93; 1992 c 73 § 30; 1991 c 200 § 816; 1990 c 116 § 14. Prior: 1989 c 388 § 8; 1989 c 262 § 4; 1971 ex.s. c 180 § 5.] NOTES: Effective dates -- Severability -- 1992 c 73: See RCW 82.23B.902 and 90.56.905. Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904. Findings -- Severability -- 1990 c 116: See notes following RCW 90.56.210. Intent -- Application -- Captions -- Severability -- 1989 c 388: See notes following RCW 90.56.010. Findings -- 1989 c 262: See note following RCW 90.48.142. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.400.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 2 of 2 http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.400.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.420 Water quality standards affected by forest practices -- Department of ecology solely responsible for water quality standards -- Forest practices rules -- Adoption -- Examination -- Enforcement procedures. (1) The department of ecology, pursuant to powers vested in it previously by chapter 90.48 RCW and consistent with the policies of said chapter and RCW 90.54.020(3), shall be solely responsible for establishing water quality standards for waters of the state. On or before January 1, 1975, the department of ecology shall examine existing rules containing water quality standards and other applicable rules of said department pertaining to waters of the state affected by nonpoint sources of pollution arising from forest practices and, when it appears appropriate to the department of ecology, modify said rules. In any such examination or modification the department of ecology shall consider such factors, among others, as uses of the receiving waters, diffusion, down- stream cooling, and reasonable transient and short-term effects resulting from forest practices. Adoption of forest practices rules pertaining to water quality by the forest practices board shall be accomplished after reaching agreement with the director of the department or the director's designee on the board. Adoption shall be accomplished so that compliance with such forest practice[s] rules will achieve compliance with water pollution control laws. (2) The department of ecology shall monitor water quality to determine whether revisions in such water quality standards or revisions in such forest practices rules are necessary to accomplish the foregoing result, and either adopt appropriate revisions to such water quality standards or propose appropriate revisions to such forest practices rules or both. (3) Notwithstanding any other provisions of chapter 90.48 RCW or of the rules adopted thereunder, no permit system pertaining to nonpoint sources of pollution arising from forest practices shall be authorized, and no civil or criminal penalties shall be imposed with respect to any forest practices conducted in full compliance with the applicable provisions of RCW 76.09.010 through 76.09.280, forest practices rules, and any approvals or directives of the department of natural resources thereunder. (4) Prior to the department of ecology taking action under statutes or rules relating to water quality, regarding violations of water quality standards arising from forest practices, the department of ecology shall notify the department of natural resources. [1999 sp.s. c 4 § 1101; 1975 1st ex.s. c 200 § 13; 1974 ex.s. c 137 § 30.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.420.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 2 of 2 NOTES: Part headings not law -- 1999 sp.s. c 4: See note following RCW 77.85.180. Effective dates -- 1974 ex.s. c 137: See RCW 76.09.925. Severability -- 1974 ex.s. c 137: See RCW 76.09.935. Forest practices: Chapter 76 .09 RCW. Right of entry to administer this section: RCW 76.09.160. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.420.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.425 Forest practices act and regulations relating to water quality protection to be utilized to satisfy federal water pollution act. The forest practices act, chapter 76.09 RCW, and the forest practices regulations adopted thereunder relating to water quality protection shall be utilized to satisfy the planning and program requirements of sections 208, 209, and 305 of the federal Water Pollution Control Act, as regards silvicultural activities, unless it is determined by the department of ecology that extraordinary conditions exist which make forest practices regulations unsuitable to satisfy such federal requirements. [1975 1st ex.s. c 200 § 14.] NOTES: Provisions of state law pertaining to federal clean water act: RCW 90.48.260, 90.48.262. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.425.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.430 IIIWatershed restoration projects -- Approval process -- Waiver of public review. • • A permit, certification, or other approval required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. Public review of proposed watershed restoration projects may be shortened or waived by the department. [1995 c 378 § 15.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.430.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.445 Aquatic noxious weed control -- Water quality permits -- Definition. (1) The director shall issue or approve water quality permits for use by federal, state, or local governmental agencies and licensed applicators for the purpose of using, for aquatic noxious weed control, herbicides and surfactants registered under state or federal pesticide control laws, and for the purpose of experimental use of herbicides on aquatic sites, as defined in 40 C.F.R. Sec. 172.3. The issuance of the permits shall be subject only to compliance with: Federal and state pesticide label requirements, the requirements of the federal insecticide, fungicide, and rodenticide act, the Washington pesticide control act, the Washington pesticide application act, and the state environmental policy act, except that: (a) When the director issues water quality permits for the purpose of using glyphosate and surfactants registered by the department of agriculture to control spartina, as defined by RCW 17.26.020, the water quality permits shall contain the following criteria: (i) Spartina treatment shall occur between June 1st and October 31st of each year unless the department, the department of agriculture, and the department of fish and wildlife agree to add additional dates beyond this period, except that no aerial application shall be allowed on July 4th or Labor Day and for ground application on those days the applicator shall post signs at each corner of the treatment area; (ii) The applicator shall take all reasonable precautions to prevent the spraying of nontarget vegetation and nonvegetated areas; (iii) A period of fourteen days between treatments is required prior to re-treating the previously treated areas; (iv) Aerial or ground broadcast application shall not be made when the wind speed exceeds ten miles per hour; and (v) An application shall not be made when a tidal regime leaves the plants dry for less than four hours. (b) The director shall issue water quality permits for the purpose of using herbicides or surfactants registered by the department of agriculture to control aquatic noxious weeds, other than spartina, and the permit shall state that aerial and ground broadcast applications may not be made when the wind speed exceeds ten miles per hour. (c) The director shall issue water quality permits for the experimental use of herbicides on aquatic sites, as defined in 40 http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.445.ht 10/2/00 REVISED CODE OF WASHINGTON Page 2 of 2 C.F.R. Sec. 172.3, when the department of agriculture has issued an experimental use permit, under the authority of RCW 15.58.405(3). Because of the small geographic areas involved and the short duration of herbicide application, water quality permits issued under this subsection are not subject to state environmental policy act review. (2) Applicable requirements established in an option or options recommended for controlling the noxious weed by a final environmental impact statement published under chapter 43.21C RCW by the department prior to May 5, 1995, by the department of agriculture, or by the department of agriculture jointly with other state agencies shall be considered guidelines for the purpose of granting the permits issued under this chapter. This section may not be construed as requiring the preparation of a new environmental impact statement to replace a final environmental impact statement published before May 5, 1995, but instead shall authorize the department of agriculture, as lead agency for the control of spartina under RCW 17.26.015, to supplement, amend, or issue addenda to the final environmental impact statement published before May 5, 1995, which may assess the environmental impact of the application of stronger concentrations of active ingredients, altered application patterns, or other changes as the department of agriculture deems appropriate. (3) The director of ecology may not utilize this permit authority to otherwise condition or burden weed control efforts. Except for permits issued by the director under subsection (1) (c) of this section, permits issued under this section are effective for five years, unless a shorter duration is requested by the applicant. The director's authority to issue water quality modification permits for activities other than the application of surfactants and approved herbicides, to control aquatic noxious weeds or the experimental use of herbicides used on aquatic sites, as defined in 40 C.F.R. Sec. 172.3, is unaffected by this section. (4) As used in this section, "aquatic noxious weed" means an aquatic weed on the state noxious weed list adopted under RCW 17.10.080. [1999 sp.s. c 11 § 1; 1995 c 255 § 3.] NOTES: Effective date -- 1999 sp.s. c 11: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 7, 1999]." [1999 sp.s. c 11 § 2.] Severability -- Effective date -- 1995 c 255: See RCW 17.26.900 and 17.26.901. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.445.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.447 Aquatic plant management program -- Commercial herbicide information -- Experimental application of herbicides -- Appropriation for study. (1) The department of ecology shall update the final supplemental environmental impact statement completed in 1992 for the aquatic plant management program to reflect new information on herbicides evaluated in 1992 and new, commercially available herbicides. The department shall maintain the currency of the information on herbicides and evaluate new herbicides as they become commercially available. (2) For the 1999 treatment season, the department shall permit by May 15, 1999, municipal experimental application of herbicides such as hydrothol 191 for algae control in lakes managed under chapter 90.24 RCW. If experimental use is determined to be ineffective, then the department shall within fourteen days consult with other state, federal, and local agencies and interested parties, and may permit the use of copper sulfate. The Washington institute for public policy shall contract for a study on the lake -wide effectiveness of any herbicide used under this subsection. Prior to issuing the contract for the study, the institute for public policy shall determine the parameters of the study in consultation with licensed applicators who have recent experience treating the lake and with the nonprofit corporation that participated in centennial clean water fund phase one lake management studies for the lake. The parameters must include measurement of the lake -wide effectiveness of the application of the herbicide in maintaining beneficial uses of the lake, including any uses designated under state or federal water quality standards. The effectiveness of the application shall be determined by objective criteria such as turbidity of the water, the effectiveness in killing algae, any harm to fish or wildlife, any risk to human health, or other criteria developed by the institute. The results of the study shall be reported to the appropriate legislative committees by December 1, 1999. A general fund appropriation in the amount of $35,000 is provided to the Washington institute for public policy for fiscal year 1999 for the study required under this subsection. [1999 c 255 § 2.] NOTES: Findings -- Purpose -- 1999 c 255: "The legislature finds that the environmental, recreational, and aesthetic values of many of the state's lakes are threatened by the invasion of nuisance and noxious aquatic weeds. Once established, these nuisance and noxious aquatic weeds can colonize the shallow shorelines and other areas of lakes with dense surface vegetation mats that degrade water quality, http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.447.ht 10/2/00 REVISED CODE OF WASHINGTON Page 2 of 2 pose a threat to swimmers, and restrict use of lakes. Algae can generate health and safety conditions dangerous to fish, wildlife, and humans. The current environmental impact statement is causing difficulty in responding to environmentally damaging weed and algae problems. Many commercially available herbicides have been demonstrated to be effective in controlling nuisance and noxious aquatic weeds and algae and do not pose a risk to the environment or public health. The purpose of this act is to allow the use of commercially available herbicides that have been approved by the environmental protection agency and the department of agriculture and subject to rigorous evaluation by the department of ecology through an environmental impact statement for the aquatic plant management program." [1999 c 255 § 1.] Effective date -- 1999 c 255: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 1999]." [1999 c 255 § 5 . ] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.447.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.448 Eurasian water milfoil -- Pesticide 2,4-D application. (1) Subject to restrictions in this section, a government entity seeking to control a limited infestation of Eurasian water milfoil may use the pesticide 2,4-D to treat the milfoil infestation, without obtaining a permit under RCW_90.48.445, if the milfoil infestation is either recently documented or remaining after the application of other control measures, and is limited to twenty percent or less of the littoral zone of the lake. Any pesticide application made under this section must be made according to all label requirements for the product and must meet the public notice requirements of subsection (2) of this section. (2) Before applying 2,4-D, the government entity shall: (a) Provide at least twenty-one days' notice to the department of ecology, the department of fish and wildlife, the department of agriculture, the department of health, and all lake residents; (b) post notices of the intent to apply 2,4-D at all public access points; and (c) place informational buoys around the treatment area. (3) The department of fish and wildlife may impose timing restrictions on the use of 2,4-D to protect salmon and other fish and wildlife. (4) The department may prohibit the use of 2,4-D if the department finds the product contains dioxin in excess of the standard allowed by the United States environmental protection agency. Sampling protocols and analysis used by the department under this section must be consistent with those used by the United States environmental protection agency for testing this product. (5) Government entities using this section to apply 2,4-D may apply for funds from the freshwater aquatic weeds account consistent with the freshwater aquatic weeds management program as provided in RCW 43.21A.660. (6) Government entities using this section shall consider development of long-term control strategies for eradication and control of the Eurasian water milfoil. (7) For the purpose of this section, "government entities" includes cities, counties, state agencies, tribes, special purpose districts, and county weed boards. [1999 c 255 § 3.] NOTES: Findings -- Purpose -- Effective date -- 1999 c 255: See notes following RCW 90.48.447. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.448.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.450 Discharges from agricultural activity -- Consideration to be given as to whether enforcement action would contribute to conversion of land to nonagricultural use -- Minimize the possibility. (1) Prior to issuing a notice of violation related to discharges from agricultural activity on agricultural land, the department shall consider whether an enforcement action would contribute to the conversion of agricultural land to nonagricultural uses. Any enforcement action shall attempt to minimize the possibility of such conversion. (2) As used in this section: (a) "Agricultural activity" means the growing, raising, or production of horticultural or viticultural crops, berries, poultry, livestock, grain, mint, hay and dairy products. (b) "Agricultural land" means at least five acres of land devoted primarily to the commercial production of livestock or agricultural commodities. [1981 c 297 § 31.] NOTES: Legislative finding, intent -- 1981 c 297: See note following RCW 70.94.640. Severability -- 1981 c 297: See note following RCW 15.36.201. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.450.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.455 Discharge of chlorinated organics -- Engineering reports by pulp and paper mills -- Permits limiting discharge. (1) The department may require each pulp mill and paper mill discharging chlorinated organics to conduct and submit an engineering report on the cost of installing technology designed to reduce the amount of chlorinated organic compounds discharged into the waters of the state. The department shall allow at least twenty-four months from June 11, 1992, for each pulp mill and each paper mill to submit an engineering report. (2) The department may not issue a permit establishing limits to the discharge of chlorinated organic compounds by a pulp mill or a paper mill under RCW 90.48.160 or 90.48.260 until at least nine months after receiving an engineering report from a kraft mill and at least fifteen months after receiving an engineering report from a sulfite mill. (3) Nothing in this section shall apply to dioxin compounds. [1992 c 201 § 1.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.455.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 2 RCW 90.48.465 Water discharge fees. (1) The department shall establish annual fees to collect expenses for issuing and administering each class of permits under RCW 90.48.160, 90.48.162, and 90.48.260. An initial fee schedule shall be established by rule within one year of March 1, 1989, and thereafter the fee schedule shall be adjusted no more often than once every two years. This fee schedule shall apply to all permits, regardless of date of issuance, and fees shall be assessed prospectively. All fees charged shall be based on factors relating to the complexity of permit issuance and compliance and may be based on pollutant loading and toxicity and be designed to encourage recycling and the reduction of the quantity of pollutants. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department in processing permit applications and modifications, monitoring and evaluating compliance with permits, conducting inspections, securing laboratory analysis of samples taken during inspections, reviewing plans and documents directly related to operations of permittees, overseeing performance of delegated pretreatment programs, and supporting the overhead expenses that are directly related to these activities. (2) The annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for all domestic wastewater facility permits issued under RCW 90.48.162 and 90.48.260 shall not exceed the total of a maximum of fifteen cents per month per residence or residential equivalent contributing to the municipality's wastewater system. The department shall adopt by rule a schedule of credits for any municipality engaging in a comprehensive monitoring program beyond the requirements imposed by the department, with the credits available for five years from March 1, 1989, and with the total amount of all credits not to exceed fifty thousand dollars in the five-year period. (3) The department shall ensure that indirect dischargers do not pay twice for the administrative expense of a permit. Accordingly, administrative expenses for permits issued by a municipality under RCW 90.48.165 are not recoverable by the department. (4) In establishing fees, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for storm water runoff and shall provide appropriate adjustments. (5) The fee for an individual permit issued for a dairy farm as defined under chapter_ 90_._64 RCW shall be fifty cents per animal unit up to one thousand one hundred sixty-seven dollars for fiscal year 1998 and one thousand two hundred fourteen dollars for fiscal year 1999. The fee for a general permit issued for a dairy farm as defined under chapter 90.64 RCW shall be fifty cents per animal unit http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.465.ht 10/2/00 REVISED CODE OF WASHINGTON Page 2 of 2 up to eight hundred seventeen dollars for fiscal year 1998 and eight hundred fifty dollars for fiscal year 1999. Thereafter, these fees may rise in accordance with the fiscal growth factor as provided in chapter 43.135 RCW. (6) All fees collected under this section shall be deposited in the water quality permit account hereby created in the state treasury. Moneys in the account may be appropriated only for purposes of administering permits under RCW 90.48.160, 90.48.162, and 90.48.260. (7) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on the use of moneys from the account to the legislature. The report will be due December 31st of odd -numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years. [1998 c 262 § 16; 1997 c 398 § 2; 1996 c 37 § 3; 1992 c 174 § 17; 1991 c 307 § 1; 1989 c 2 § 13 (Initiative Measure No. 97, approved November 8, 1988).] NOTES: Effective date -- 1998 c 262: See RCW 90.64.900. Short title -- Captions -- Construction -- Existing agreements • - - Effective date -- Severability -- 1989 c 2: See RCW 70.105D.900 through 70.105D.921, respectively. • http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.465.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.480 Reduction of sewer overflows -- Plans -- Compliance schedule. The department of ecology shall work with local governments to develop reasonable plans and compliance schedules for the greatest reasonable reduction of combined sewer overflows. The plan shall address various options, including construction of storage tanks for sewage and separation of sewage and stormwater transport systems. The compliance schedule shall be designed to achieve the greatest reasonable reduction of combined sewer overflows at the earliest possible date. The plans and compliance schedules shall be completed by January 1, 1988. A compliance schedule will be a condition of any waste discharge permit issued or renewed after January 1, 1988. [1998 c 245 § 174; 1985 c 249 § 2.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.480.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.490 Sewage treatment facilities -- Plans to upgrade or construct. Plans for upgrading sewage treatment facilities and plans for new sewage treatment facilities shall address the greatest reasonable reduction of combined sewer overflows and implementation of pretreatment standards. [1985 c 249 § 3.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.490.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.495 Water conservation measures to be considered in sewer plans. The department of ecology shall require sewer plans to include a discussion of water conservation measures considered or underway and their anticipated impact on public sewer service. [1989 c 348 § 10.] NOTES: Severability -- 1989 c 348: See note following RCW 90.54.020. Rights not impaired -- 1989 c 348: See RCW 90.54.920. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.495.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.500 Pollution Disclosure Act of 1971. See chapter 90.52 RCW. http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.500.ht 10/2/00 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.520 Review of operations before issuance or renewal of wastewater discharge permits -- Incorporation of permit conditions. In order to improve water quality by controlling toxicants in wastewater, the department of ecology shall in issuing and renewing state and federal wastewater discharge permits review the applicant's operations and incorporate permit conditions which require all known, available, and reasonable methods to control toxicants in the applicant's wastewater. Such conditions may include, but are not limited to: (1) Limits on the discharge of specific chemicals, and (2) limits on the overall toxicity of the effluent. The toxicity of the effluent shall be determined by techniques such as chronic or acute bioassays. Such conditions shall be required regardless of the quality of receiving water and regardless of the minimum water quality standards. In no event shall the discharge of toxicants be allowed that would violate any water quality standard, including toxicant standards, sediment criteria, and dilution zone criteria. [1987 c 500 § 1.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.520.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.900 Severability -- 1945 c 216. Should any section or provision of this act be held invalid by any court of competent jurisdiction, the same shall not affect the validity of the act as a whole or any part thereof other than that portion so held to be invalid. [1945 c 216 § 23.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.900.ht 10/2/00 • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.901 Severability -- 1967 c 13. If any provision of this 1967 amendatory act or its application to any person or circumstance is held invalid the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1967 c 13 § 30.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.901.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.902 Severability -- 1970 ex.s. c 88. If any provision of this 1970 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1970 ex.s. c 88 § 15.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.902.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.903 Severability -- 1971 ex.s. c 180. If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 180 § 12.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.903.ht 10/2/00 • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.904 Severability -- 1989 c 262. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1989 c 262 § 6.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.904.ht 10/2/00 • • • REVISED CODE OF WASHINGTON Page 1 of 1 RCW 90.48.906 Short title -- 1971 ex.s. c 180. This 1971 amendatory act may be cited as the "Coastal Waters Protection Act of 1971". [1971 ex.s. c 180 § 13.] http://search.leg.wa.gov/wslrcw/RCW%20%2090.../RCW%20%2090%20.%2048%20.906.ht 10/2/00 • • • CHAPTER 173-200 WAC WATER QUALITY STANDARDS FOR GROUND WATERS OF THE STATE OF WASHINGTON Last Amendment Filed: 10/31/90 WAC 173-200-010 Introduction. 173-200-020 Definitions. 173-200-030 Antidegradation policy. 173-200-040 Criteria. 173-200-050 Enforcement limit. 173-200-060 Point of compliance. 173-200-070 Early warning value. 173-200-080 Evaluation. 173-200-090 Special protection areas. 173-200-100 Implementation and enforcement. WAC 173-200-010 Introduction. (1) This chapter implements chapter 90.48 RCW, the Water Pollution Control Act and chapter 90.54 RCW, the Water Resources Act of 1971. (2) This chapter applies to all ground waters of the state that occur in a saturated zone or stratum beneath the surface of land or below a surface water body. (3) This chapter shall not apply to: (a) Contaminant concentrations found in saturated soils where those contaminants are chemicals or nutrients that have been applied at agronomic rates for agricultural purpose if those contaminants will not cause pollution of any ground waters below the root zone. (b) Contaminant concentrations found in saturated soils where those contaminants are constituents that have been applied at approved rates and under approved methods of land treatment if those contaminants will not cause pollution of any ground waters below the root zone. (c) Clean up actions approved by the department under the Model Toxics Control Act, chapter 70.105D RCW, or approved by the United States Environmental Protection Agency under the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. 9601 et seq. Ground water cleanup standards for such sites shall be developed under WAC 173-340-720. (4) The goal of this chapter is to maintain the highest quality of the state's ground waters and protect existing and future beneficial uses of the ground water through the reduction or elimination of the discharge of contaminants to the state's ground waters. (5) To implement this goal, this chapter establishes ground water quality standards which, together with the state's technology-based treatment requirements, provide for the protection of the environment and human health and protection of existing and future beneficial uses of ground waters. [Statutory Authority. RCW 90 48.035. 90-22-023, § 173-200-010, filed 10/31/90, effective 12/1/90.] Chapter 173-200 WAC [ 1 1 Ecology Edition • • • WAC 173-200-020 Definitions. As used in this chapter: (1) "Activity" means any site, area, facility, structure, vehicle, installation, or discharge which may produce pollution. (2) "Artificial ground water" means ground water that has been put in place through means, such as irrigation, other than natural recharge. (3) "Background water quality" means the concentrations of chemical, physical, biological, or radiological constituents, or other characteristics in or of ground water at a particular point in time and upgradient of an activity that have not been affected by that activity. (4) "Beneficial uses" means uses of waters of the state which include but are not limited to use for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, recreation, generation of electric power and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state. (5) "Best management practices" or "BMPs" mean schedules of activities, prohibitions of practices, maintenance of procedures, and other management practices, to prevent or reduce the pollution of ground waters of the state. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material storage. (6) "Carcinogen" means any substance or agent that produces or tends to produce cancer in humans. For implementation of this chapter, the term carcinogen will apply to all substances on the United States Environmental Protection Agency Integrated Risk Information System, IRIS data base, of A (known human) and B1 and B2 (probable human) carcinogens for which IRIS listed an oral slope factor. (7) "Contaminant" means any chemical, physical, biological, or radiological substance that does not occur naturally in ground water or that occurs at concentrations greater than those in the natural levels. (8) "Criteria" means numerical values or narrative standards that represent the maximum allowable contaminant concentrations in the ground water. (9) "Department" means the Washington state department of ecology. (10) "Early warning value" means a concentration set in accordance with WAC 173-200-070 that is a percentage of a ground water quality enforcement limit. (11) "Enforcement limit" means the value assigned to any contaminant for the purposes of regulating that contaminant. (12) "Ground water" means water in a saturated zone or stratum beneath the surface of land or below a surface water body. (13) "Human -caused pollution" means pollution resulting from human activity. (14) "Isolated ground water" means ground water fully separated from other ground waters by an impermeable layer of rock or strata. (15) "Maximum contaminant level" or "MCL" means the maximum concentration of a contaminant in water established by the Environmental Protection Agency under the Federal Safe Drinking Water Act (42 U.S.C. 300f et seq.) and published in 40 C.F.R. 141 as presently promulgated or as subsequently amended or repromulgated. Chapter 173-200 WAC [ 2 ] Ecology Edition • • • (16) "Maximum contaminant level goal" or "MCLG" means the maximum concentration of a contaminant established by the Environmental Protection Agency under the Federal Safe Drinking Water Act (42 U.S.C. 300f et seq.) and published in 40 C.F.R. 141 as presently promulgated or subsequently amended or repromulgated, for which no known or anticipated adverse effects on human health occur including an adequate margin of safety. (17) "Natural ground water quality" means ground water quality that was present before any human -caused pollution. (18) "Naturally nonpotable ground water" means ground water that is unsuitable for drinking water because of natural ground water quality and for which currenttreatment methods are considered unreasonable and impractical. (19) "Permit" means a department authorization, license, or equivalent control document issued to a facility, activity, or entity authorized to treat, store, dispose, or discharge materials or wastes. This includes, but is not limited to, state waste discharge permits issued pursuant to chapter 173-216 WAC, permits for dangerous waste management facilities issued pursuant to chapter 173-303 WAC, and permits for ground water withdrawal issued pursuant to chapter 90.44 RCW. (20) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, partnership, association, firm, individual, or any other entity whatsoever. (21) "Point of compliance" means the location, set in accordance with WAC 173-200-060, where the ground water quality enforcement limit shall not be exceeded. (22) "Pollution" means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life. (23) "Practical quantification level" or "PQL" means the lowest concentration of a substance that can be reliably achieved within specific limits of precision, accuracy, representativeness, completeness, and comparability during routine laboratory operating conditions. (24) "Root zone" means the zone that extends from the surface of the soil to the depth of the lowest root and is specific to a species of plant, group of plants, or crop. (25) "Saturated zone" means the zone below the water table in which all interstices are filled with water. (26) "Seasonal ground water" means ground water that exists for a temporary period of the year and is usually associated with a particular activity or phenomenon. (27) "State waste discharge permit" means a permit issued in accordance with the state waste discharge permit program, chapter 173-216 WAC. [Statutory Authority. RCW 90 48.035. 90-22-023, § 173-200-020, filed 10/31/90, effective 12/1/90 ] Chapter 173-200 WAC [ 3 ] Ecology Edition • • • WAC 173-200-030 Antidegradation policy. (1) The antidegradation policy of the state of Washington, is generally guided by chapter 90.48 RCW, the Water Pollution Control Act, and chapter 90.54 RCW, the Water Resources Act of 1971. The goal of this policy is to ensure the purity of the state's ground waters and to protect the natural environment. (2) The antidegradation policy is as follows: (a) Existing and future beneficial uses shall be maintained and protected and degradation of ground water quality that would interfere with or become injurious to beneficial uses shall not be allowed. (b) Degradation shall not be allowed of high quality ground waters constituting an outstanding national or state resource, such as waters of national and state parks and wildlife refuges, and waters of exceptional recreational or ecological significance. (c) Whenever ground waters are of a higher quality than the criteria assigned for said waters, the existing water quality shall be protected, and contaminants that will reduce the existing quality thereof shall not be allowed to enter such waters, except in those instances where it can be demonstrated to the department's satisfaction that: (i) An overriding consideration of the public interest will be served; and (ii) All contaminants proposed for entry into said ground waters shall be provided with all known, available, and reasonable methods of prevention, control, and treatment prior to entry. [Statutory Authority: RCW 90 48.035. 90-22-023, § 173-200-030, filed 10/31/90, effective 12/1/90.] WAC 173-200-040 Criteria. (1) Ground waters in the state of Washington support many different beneficial uses. The purpose of these criteria is to establish maximum contaminant concentrations for the protection of a variety of beneficial uses of Washington's ground water. (a) Drinking water is the beneficial use generally requiring the highest quality of ground water. (b) Providing protection to the level of drinking water standards will protect a great variety of existing and future beneficial uses. (c) Some ground waters of the state support environmental systems with existing and future beneficial uses requiring more stringent protection than that provided by human health based criteria. These ground waters and dependent uses will be protected by either or both of the following: (i) Designation of an area and its associated ground water as a special protection area in accordance with WAC 173-200-090. (ii) Establishment of enforcement limits as dose to the natural ground water quality as possible for activities that may adversely affect those ground waters in accordance with WAC 173-200-050. (d) The use of criteria based on drinking water quality shall in no way be interpreted to mean that all ground waters are used for drinking water or that all ground waters are presently suitable for drinking water. Chapter 173-200 WAC [ 4 ] Ecology Edition • • • (2) The following criteria shall apply to all ground waters in the state of Washington: (a) Ground water concentrations shall not exceed the criteria listed in Table 1, except as described in WAC 173-200-050 (3)(b). (b) For the primary and secondary contaminants and radionuclides listed in Table 1, the criteria shall be the most stringent concentration of the following and those listed in Table 1: (i) Maximum contaminant level goals; (ii) Maximum contaminant levels; and (iii) State maximum contaminant levels published in chapter 248-54 WAC as presently promulgated or subsequently amended or repromulgated. The criteria for primary and secondary contaminants and radionuclide contaminants in Table 1 shall be amended as the federal and state rules are amended and without amendment of this chapter. (c) For carcinogens listed in Table 1, the criteria are the concentrations that are anticipated to result in a total incremental human cancer risk of less than 1 in 1,000,000, and were estimated using the following equation and standard exposure assumptions: RISKxBWxLIFExUCF Ground Water Criteria = (µg/1) CPF x DWIR x DUR Where: RISK = Human cancer risk level (1 in 1,000,000) BW = Body Weight (70 kg) LIFE = Lifetime (70 years) UCF = Unit conversion factor (1,000 µg/mg) CPF = Cancer potency factor as published in the IRIS data base (1/mg/kg/day) DWIR = Drinking water ingestion rate (2 0 liters/day) DUR = Duration of exposure (30 years) For volatile carcinogens, inhalation exposure from showering was incorporated into the criteria by doubling the drinking water ingestion rate. (3) For contaminants for which no numeric criteria have been established, enforcement limits shall be established in accordance with WAC 173-200-050. Chapter 173-200 WAC [ 51 Ecology Edition • • • TABLE 1 GROUND WATER QUALITY CRITERIA CONTAMINANT CRITERION I. PRIMARY AND SECONDARY CONTAMINANTS AND RADIONUCLIDES A. PRIMARY CONTAMINANTS Banum* 1.0 milligrams/liter (mg/1) Cadmium* 0.01 mg/1 Chromium* 0.05 mg/1 Lead* 0.05 mg/1 Mercury* 0.002 mg/1 Selenium* 0.01 mg/1 Silver* 0.05 mg/1 Fluoride 4 mg/1 Nitrate (as N) 10 mg/1 Endrin 0.0002 mg/1 Methoxychlor 0.1 mg/1 1,1,1 -Trichloroethane 0.20 mg/1 2-4 D 0.10 mg/1 2,4,5 -TP Silvex 0.01 mg/1 Total Coliform Bacteria 1/100 mi B. SECONDARY CONTAMINANTS Copper* 1.0 mg/1 Iron* 0.30 mg/1 Manganese* 0.05 mg/1 Zinc* 5.0 mg/1 Chloride 250 mg/1 Sulfate 250 mg/1 Total Dissolved Solids 500 mg/1 Foaming Agents 0.5 mg/1 pH 6.5-8.5 Corrosivity noncorrosive Color 15 color units Odor 3 threshold odor units C. RADIONUCLIDES Gross Alpha Particle Activity Gross Beta Particle Radioactivity Radium 226 & 228 Radium -226 Chapter 173-200 WAC [ 6 ] Ecology Edition 15 pico Cune/ liter (pCi/1) Gross Beta Activity 50 pCi/1 Tritium 20,000 pCi/1 Strontium -90 8 pCi/1 5 pCi/1 3 pCi/1 0 II. CARCINOGENS Acrylamide 0.02 micrograms/liter µg/1 Acrylonitrile 0.07 µg/1 Aldrin 0.005 µg/1 Aniline 14 µg/1 Aramite 3 pg/1 Arsenic* 0.05 (11g/1) Azobenzene 0.7 µg/1 Benzene 1.0 µg/1 Benzidine 0.0004 µg/1 Benzo(a)pyrene 0.008 µg/1 Benzotrichloride 0.007 µg/1 Benzyl chloride 0.5 µg/1 Bis(chloroethyl)ether 0.07 µg/1 Bis(chloromethyl)ether 0.0004 µg/1 Bis(2-ethylhexyl) phthalate 6.0 µg/1 Bromodichloromethane 0.3 µg/1 Bromoform 5 lig/1 Carbazole 5 µg/1 Carbon tetrachloride 0.3 µg/1 Chlordane 0.06 µg/1 Chlorodibromomethane 0.5 lig/1 • Chloroform 7.0 µg/1 4 Chloro -2 -methyl aniline 0.1 µg/1 4 Chloro -2 -methyl analine hydrochloride 0.2 µg/1 o-Chloronitrobenzene 3 µg/1 p-Chloronitrobenzene 5 vg/1 Chlorthalonil 30 141 Di al l ate 1 mil DDT (includes DDE and DDD) 0.3 µg/1 1,2 Dibromoethane 0.001 µg/1 1,4 Dichlorobenzene 4 lig/1 3,3' Dichlorobenzidine 0.2 µg/1 1,1 Dichloroethane 1.0 µg/1 1,2 Dichloroethane (ethylene chloride) 0.5 µg/1 1,2 Dichloropropane 0.6 lig/1 1,3 Dichloropropene 0.2 µg/1 Dichlorvos 0.3 µg/1 Dieldrin 0.005 µg/1 3,3' Dimethoxybenzidine 6 µg/1 3,3 Dimethylbenzidine 0.007 1,2 Dimethylhydrazine 60 µg/1 2,4 Dinitrotoluene 0.1 µg/1 2,6 Dinitrotoluene 0.1 lig/1 1,4 Dioxane 7.0 µg/1 • Chapter 173-200 WAC [ 7 ] Ecology Edition • • • 1,2 Diphenylhydrazine 0.09 µg/1 Direct Black 38 0.009 µg/1 Direct Blue 6 0.009 µg/1 Direct Brown 95 0.009 µg/1 Epichlorohydrin 8 µg/1 Ethyl acrylate 2 µg/1 Ethylene dibromide 0.001 µg/1 Ethylene thiourea 2 µg/1 Folpet 20 µg/1 Furazolidone 0.02 µg/1 Furium 0.002 1.1g/1 Furmecyclox 3 µg/1 Heptachlor 0.02 1-tg/1 Heptachlor Epoxide 0.009 µg/1 Hexachlorobenzene 0.05 µg/1 Hexachlorocyclohexane (alpha) 0.001 µg/1 Hexachlorocyclohexane (technical) 0.05 µg/1 Hexachlorodibenzo-p-dioxin, mix 0.00001 µg/1 Hydrazine/Hydrazine sulfate 0.03 µg/1 Lindane 0.06 µg/1 2 Methoxy-5-nitroaniline 2 µg/1 2 Methylaniline 0.2 µg/1 2 Methylaniline hydrochloride 0.5 µg/1 4,4' Methylene bis(N,N'-dimethyl)aniline 2 1-1,g/1 Methylene chloride (dichloromethane) 5 µg/1 Mirex 0.05 µg/1 Nitrofurazone 0.06 µg/1 N-Nitrosodiethanolamine 0.03 µg/1 N-Nitrosodiethylamine 0.0005 1 -Til N-Nitrosodimethylamine 0.002 µg/1 N-Nitrosodiphenylamine 17 µg/1 N-Nitroso-di-n-propylamine 0.01 µg/1 N-Nitrosopyrrolidine 0.04 µg/1 N-Nitroso-di-n-butylamine 0.02 µg/1 N-Nitroso-N-methylethylamine 0.004 µg/1 PAH 0.01 µg/1 PBBs 0.01 µg/1 PCBs 0.01 µg/1 o-Phenylenediamine 0.005 µg/1 Propylene oxide 0.01 µg/1 2,3,7,8-Tetrachlorodibenzo-p-dioxin 0.0000006 µg/1 Tetrachloroethylene (perchloroethylene) 0.8 µg/1 p,a,a,a-Tetrachlorotoluene 0.004 µg/1 2,4 Toluenediamine 0.002 µg/1 o -Toluidine 0.2 µg/1 Chapter 173-200 WAC [ 8 ] Ecology Edition • • • Toxaphene 0.08 µg/1 Trichloroethylene 3 µg/1 2,4,6 -Trichlorophenol 4 µg/1 Trimethyl phosphate 2 µg/1 Vinyl chloride 0.02 µg/1 *metals are measured as total metals [Statutory Authority: RCW 90.48.035. 90-22-023, § 173-200-040, filed 10/31/90, effective 12/1/90 1 WAC 173-200-050 Enforcement limit. (1) An enforcement limit is a value assigned to any contaminant for the purposes of regulating that contaminant to protect existing ground water quality and to prevent ground water pollution. (2) Enforcement limits shall be defined on a case-by-case basis and shall be met at the point of compliance as defined in WAC 173-200-060. When the point of compliance is established at or in close proximity to the property boundary, enforcement limits shall be established sufficiently below criteria to provide an adequate margin of safety to ensure pollution does not extend beyond the property boundary. (3) All enforcement limits shall, at a minimum, be based on all known, available, and reasonable methods of prevention, control, and treatment. (a) The department shall consider all of the following in establishing enforcement limits: (i) The antidegradation policy; (ii) Establishment of an enforcement limit as near the natural ground water quality as practical; (iii) Overall protection of human health and the environment; (iv) Whether the potentially affected area has been designated as a special protection area; (v) Protection of existing and future beneficial uses; (vi) Effects of the presence of multiple chemicals, multiple exposure pathways in accordance with subsection (5) of this section, and toxicity of individual contaminants; (vii) Federal. state, tribal, and local land use plans, policies, or ordinances including wellhead protection programs; (viii) Pollution of other media such as soils or surface waters; and (ix) Any other considerations the department deems pertinent to achieve the objectives of this chapter. (b) Where a criterion is established for a given contaminant, the enforcement limit shall not exceed the criterion except as follows: (i) When the natural ground water quality for a contaminant exceeds the criterion, the enforcement limit for that contaminant shall be equal to the natural level. (ii) When the background ground water quality exceeds a criterion, the enforcement limit at the point of compliance shall not exceed the background ground water quality for Chapter 173-200 WAC [ 9 ] Ecology Edition • • • that criterion. Enforcement limits based on elevated background ground water quality shall in no way be construed to allow continued pollution of the receiving ground water. (iii) When a criterion is less than the practical quantification level, the enforcement limit shall be established in an alternate location to provide a realistic estimate that the criterion shall not be exceeded in the ground water. Evaluation for such enforcement limits shall be performed in accordance with WAC 173-200-080(5). (iv) When naturally nonpotable ground water exceeds a secondary contaminant criterion, an enforcement limit for a secondary contaminant may exceed a criterion when it can be demonstrated to the department's satisfaction that: (A) The environment is protected; (B) Human health is protected in consultation with the Washington state department of health; (C) Existing and future beneficial uses are not harmed; and (D) All known, available, and reasonable methods of prevention, control, and treatment will not result in concentrations less than the secondary contaminant criteria. (v) Enforcement limits may exceed criteria in isolated artificial or seasonal ground waters when all of the following conditions exist: (A) The isolated artificial or seasonal ground waters are of insufficient quantity for use as a drinking water source; (B) Established enforcement limits will not cause harm to existing and future beneficial uses including support of seasonal wetlands; (C) Accumulation of contaminants will not cause adverse acute or chronic effects to human health as determined in consultation with the Washington state department of health; (D) Accumulation of contaminants will not cause adverse acute or chronic effects to the environment. (vi) In rare circumstances the department may allow an enforcement limit to exceed a cnterion for an activity for a period not to exceed five years without reconsideration of the evidence presented in subitems (A), (B), and (C) of this subdivision, and if all of the following conditions are met: (A) The permit holder or responsible person demonstrates to the department's satisfaction that an enforcement limit that exceeds a criterion is necessary to provide greater benefit to the environment as a whole and to protect other media such as air, surface water, soil, or sediments; (B) The activity has been demonstrated to be in the overriding public interest of human health and the environment; (C) The department selects, from a variety of control technologies available for reducing and eliminating contamination from each potentially affected media, the technologies that minimize impacts to all affected media; and (D) The action has been approved by the director of the department or his/her designee. Chapter 173-200 WAC [ 10 ] Ecology Edition • • • (4) Where a criterion is not established for a contaminant, the enforcement limit in ground water shall not exceed the practical quantification level except: (a) Where there is evidence that a lower concentration would better protect human health and the environment (based on published health advisories, risk assessments, and other available information), the department shall establish a more stringent enforcement limit; (b) If clear and convincing evidence can be provided to the department that an alternative concentration will provide protection to human health and the environment, the department may establish an enforcement limit higher than the practical quantification level Protection of human health shall be determined in consultation with the Washington state department of health. (5) For multiple contaminants and multiple routes of exposure, enforcement limits shall be addressed as follows: (a) Estimated doses of individual contaminants from one or more routes of exposure are assumed to be additive unless evidence is available to suggest otherwise. (b) Adverse effects of multiple contaminants with similar types of toxic responses are assumed to be additive unless evidence is available to suggest otherwise. (c) Human cancer risks associated with multiple carcinogens are assumed to be additive unless evidence is available to suggest otherwise and shall not exceed a total incremental human cancer risk of 1 in 1,000,000. (6) The enforcement limit for a specific activity may be established through, but not limited to the following mechanisms: A state administrative rule, a state waste discharge permit, other department permit, or administrative order. (7) The ground water quality at the point of compliance for an activity may temporarily exceed an enforcement limit while the activity is under an enforceable schedule of compliance. [Statutory Authority- RCW 90 48.035 90-22-023, § 173-200-050, filed 10/31/90, effective 12/1/901 WAC 173-200-060 Point of compliance. (1) The point of compliance is the location where the enforcement limit, set in accordance with WAC 173-200-050, shall be measured and shall not be exceeded. (a) The department shall establish the point of compliance for an activity. The point of compliance shall be established in the ground water as near the source as technically, hydrogeologically, and geographically feasible. (b) Compliance with the enforcement limits shall be maintained throughout the site from the uppermost level of the saturated zone extending vertically to the lowest depth that could potentially be affected by an activity. (2) An alternative point of compliance, established at a location some distance from the source up to but not exceeding the property boundary, may be approved by the department as follows: (a) An alternative point of compliance may be approved in the following situations: (i) When all known, available, and reasonable methods of prevention, control, and Chapter 173-200 WAC [ 11 ] Ecology Edition • • • treatment result in an exceedance of the criteria at the point of compliance. (ii) When a point of compliance is defined in another state administrative rule including, but not limited to, Minimum functional standards for solid waste handling (chapter 173-304 WAC), Dangerous waste regulations (chapter 173-303 WAC), and Uranium and/or thorium mill operation and stabilization of mill tailing piles (chapter 402-52 WAC). (b) In determining an alternative point of compliance, the department shall consider, at a minimum, the following factors: (i) Effectiveness of all known, available, and reasonable methods of prevention, control, and treatment; (ii) The contaminant volume, type, mobility, and characteristics; (iii) Design and life span of the activity; (iv) Existing and anticipated land and ground water uses; and (v) Remedial options if an enforcement level is exceeded at the point of compliance. (3) The department recognizes that evaluation of the impact of an activity at the designated point of compliance may be impractical, and the department may allow evaluation of that activity at some other point, in accordance with WAC 173-200-100 and 173-200-080(5). [Statutory Authority: RCW 90.48.035 90-22-023, § 173-200-060, filed 10/31/90, effective 12/1/90 ] WAC 173-200-070 Early warning value. (1) The purpose of an early warning value is to provide early detection of increasing contaminant concentrations that may approach or exceed enforcement limits. (2) Whenever an enforcement limit is established above background ground water quality, an early warning value may be established, as appropriate. (3) An early warning value shall be required when an alternative point of compliance is established unless technical constraints would prohibit establishment of an early warning value. (4) An early warning value shall be established as a percentage of the enforcement limit upon consideration by the department of factors including, but not limited to, the following: (a) The enforcement limit relative to background ground water quality; (b) The availability, reliability, and reasonableness of analytical methods; (c) The chemical, physical, and biological characteristics of the contaminants; (d) The reliability of all known, available, and reasonable methods of prevention, control, and treatment; (e) The anticipated increases in contaminant levels at the point of compliance; and (f) The potential harm to existing and future beneficial uses. (5) It shall not be considered a violation of these rules when contaminants are detected in concentrations exceeding an early warning value, but not exceeding an enforcement limit, unless there is failure to notify the department or respond as required in accordance with subsection (6) of this section. Chapter 173-200 WAC [ 12 ] Ecology Edition • • • (6) The following procedures apply when a contaminant is detected at a point of compliance or an alternative point of compliance and an early warning value is attained or exceeded. (a) The permit holder or responsible person shall notify the department, in writing, within ten calendar days from detection of the early warning value, that the early warning value has been attained or exceeded. The notification shall contain, at a minimum, the following information: (i) The concentrations of contaminants that attained or exceeded early warning values; (ii) Concentrations of other contaminants monitored; (iii) The location(s) and date(s) sampled; and (iv) Concentrations of contaminants determined during previous sampling events. (b) When notification is received, the department may require the permit holder or responsible person to perform one or more of the following: (i) Take no action. (ii) Resample to verify results. (iii) Increase monitoring or modify the monitoring plan or evaluation procedures. (iv) Develop and implement a trend analysis to determine the likelihood of exceeding the enforcement limit. (v) Prepare and submit a report documenting the changes in ground water quality and discuss and propose alternative methods of operation that will reduce impacts to ground water. (vi) Take such actions as the department deems necessary, if the department determines that there is a likelihood of exceeding an enforcement limit at the point of compliance. [Statutory Authonty: RCW 90.48.035. 90-22-023, § 173-200-070, filed 10/31/90, effective 12/1/901 WAC 173-200-080 Evaluation. (1) The purpose of this section is to establish minimum requirements for evaluating the impacts of an activity on the ground water quality to determine compliance with this chapter. (2) If the department determines a potential to pollute the ground water exists, the department shall request a permit holder or responsible person to prepare and submit for departmental approval a ground water quality evaluation program for its activity. Each evaluation program shall be based on soil and hydrogeologic characteristics and be capable of assessing impacts on ground water at the point of compliance. (3) A ground water evaluation program approved by the department may include, but not be limited to, any of the following: (a) Ground water monitoring for a specific activity; (b) Ground water monitoring at selected sites for a group of activities; (c) Monitoring of the vadose zone; (d) Evaluation and monitoring of effluent quality; (e) Evaluation within a treatment process; Chapter 173-200 WAC [ 131 Ecology Edition • • • (f) Evaluation of management practices. (4) In the evaluation program the permit holder or responsible person shall include information on the following: (a) The chemical, physical, and biological characteristics of the contaminants; (b) The availability and adequacy of analytical methods; (c) The complexity and capability of assessing the hydrogeologic system; (d) The reliability of all known, available, and reasonable methods of prevention, control, and treatment; (e) The location of the point or points of compliance or alternative point of compliance; and (f) Such other information that the department deems necessary to achieve the objectives of this chapter. (5) When it is impractical to evaluate the impact of an activity at the designated point of compliance, for example when a criterion is less than the practical quantification limit, evaluation shall be designed and performed at an alternate location to provide a realistic estimate of conditions in the ground water at a point of compliance. (6) These evaluation requirements pertain to activities that are not already covered by state regulation which have specific monitoring requirements such as chapter 173-303 WAC, Dangerous waste regulations, chapter 173-304 WAC, Minimum functional standards for solid waste handling, and chapter 402-52 WAC, Uranium and/or thorium mill operation and stabilization of mill tailing piles. (7) For those activities for which the department has not issued permits and that have the potential to pollute the ground water, evaluation shall be conducted according to the following: (a) Evaluation procedures shall be included in department guidelines, policies, and best management practices to ensure that an adequate determination of compliance with this chapter can be made; (b) For those activities regulated by other agencies but not regulated by department rule, the department will pursue evaluation of the activity through a memorandum of understanding with the regulating agency. [Statutory Authority: RCW 90.48.035 90-22-023, § 173-200-080, filed 10/31/90, effective 12/1/90.] WAC 173-200-090 Special protection areas. (1) The purpose of a special protection area is to identify and designate ground waters that require special consideration or increased protection because of one or more unique characteristics. (2) The unique characteristics of a special protection area shall be considered by the department when regulating activities, developing regulations, guidelines, and policies, and when prioritizing department resources for ground water quality protection programs. (3) The characteristics to guide designation of a special protection area shall include, but not be limited to, the following: (a) Ground waters that support a beneficial use or an ecological system requiring more Chapter 173-200 WAC [ 14 ] Ecology Edition 1 • • stringent criteria than drinking water standards; (b) Ground waters, including, but not limited to, recharge areas and wellhead protection areas, that are vulnerable to pollution because of hydrogeologic characteristics; and (c) Sole source aquifer status by federal designation. (4) Special protection areas may be proposed for designation at any time by the department upon its own initiative or at the request of a federal agency, another state agency, an Indian tribe, or local government. (a) The requestor of designation shall provide sufficient information for the department to determine if the proposed designation is in the best interest of the public. This information shall include, but not be limited to: (i) A rationale for the proposed designation; (ii) Supporting data for the proposed designation; (iii) A description of the proposed area including geographic and hydrologic boundaries; (iv) Documentation of coordination with affected state and local agencies, tribes, and water user groups; and (v) Such other information as the department deems necessary. (b) In coordination with the department, the initiator of the request for designation shall hold at least one public meeting and take written comment for the purpose of receiving comments from the public, affected local, state and federal agencies, tribes, and other persons. Documentation of the public review process and comments received shall be submitted to the department. (c) The department shall review the request for designation, provide written notification to all affected local, state and federal governments, and tribes, and hold at least one public hearing within the county or counties containing the proposed special protection area. (5) The department shall designate said ground waters as a special protection area if the department determines: (a) The special protection area contains one or more of the characteristics described in subsection (2) of this section; and (b) Such a designation is in the public interest. [Statutory Authority: RCW 90.48.035. 90-22-023, § 173-200-090, filed 10/31/90, effective 12/1/90 ] WAC 173-200-100 Implementation and enforcement. (1) The requirements of this chapter shall be met for all ground waters to meet the requirements of this chapter at all places and at all times. (2) No person shall engage in any activity that violates or causes the violation of this chapter. (3) This chapter shall be enforced through all legal, equitable, and other methods available to the department including, but not limited to: Issuance of state waste discharge permits, other departmental permits, regulatory orders, court actions, review and approval of plans and specifications, evaluation of compliance with all known, available, and reasonable methods of prevention, control, and treatment of a waste prior to discharge, and pursuit of memoranda Chapter 173-200 WAC [ 15 ] Ecology Edition • • • of understanding between the department and other regulatory agencies. (4) Permits issued or reissued by the department shall be conditioned in such a manner as to authorize only activities that will not cause violations of this chapter. (a) Any applicant for any departmental permit shall evaluate the potential impact of its proposed activity on the ground water quality. (b) For reissued permits, the permit holder shall evaluate the impacts of its activities on ground water quality, and, if necessary to achieve compliance with ground water quality enforcement limits, determine a department approved schedule of compliance. (5) For permit holders in compliance with the terms and conditions of a department permit and whose activity violates this chapter, the department is electing, from among the enforcement mechanisms available to it for the enforcement of WAC 173-200-040 and 173-200-050, to precede any civil or criminal penalty with a compliance order or permit modification. (6) The department shall pursue memoranda of understanding with other state agencies to develop policies and rules that will require all known, available, and reasonable methods of prevention, control, and treatment to achieve compliance with this chapter. Departmental orders, memoranda of understanding, and best management practices shall be modified by the department whenever an activity authorized by such orders or BMPs or pursuant to such memoranda of understanding violates this chapter. (7) The department shall pursue memoranda of understanding with other state agencies, federal agencies, and tribal authorities to coordinate ground water management activities. (8) For persons whose activity violates this chapter but is in compliance with best management practices adopted by rule in chapter 248-96 WAC, WAC 173-304-300(4), RCW 15.58.150 (2)(c), WAC 16-228-180(1), or 16-228-185, the department is electing, from among the enforcement mechanisms available to it for the enforcement of WAC 173-200-040 and 173- 200-050, to precede any civil or criminal penalty with a compliance order. (9) When a distinction cannot be made among ground water, surface water, or sediments the applicable standard shall depend on which beneficial use is or could be adversely affected. If beneficial uses of more than one resource are affected, the most restrictive standard shall apply. (10) The department shall give due consideration to the precision and accuracy of sampling and analytical methods used when determining compliance with this chapter. (11) The analytical testing methods for determining compliance with this chapter shall be approved in writing by the department prior to the performance of analyses. [Statutory Authority. RCW 90.48.035 90-22-023, § 173-200-100, filed 10/31/90, effective 12/1/90.] Chapter 173-200 WAC [ 16 ] Ecology Edition • • Chapter 173-201A WAC WATER QUALITY STANDARDS FOR SURFACE WATERS OF THE STATE OF WASHINGTON WAC 173-201A-010 173-201A-020 173-201A-030 173-201A-040 173-201A-050 173-201A-060 173-201A-070 173-201A-080 173-201A-100 173-201A-110 173-201A-120 173-201A-130 173-201A-140 173-201A-150 173-20IA-160 173-201A-170 173-201A-180 introduction. Definitions. General water use and criteria classes. Toxic substances. Radioactive substances. General considerations. Antidegradation. Outstanding resource waters. Mixing zones. Short-term modifications. General classifications. Specific classifications—Freshwater Specific classifications—Marine water Achievement considerations. Implementation. Surveillance. Enforcement. WAC 173-201A-010 Introduction. (1) The purpose of this chapter is to establish water quality standards for surface waters of the state of Washington consistent with public health and public enjoyment thereof, and the propagation and protection of fish, shellfish, and wildlife, pursuant to the pro- visions of chapter 90.48 RCW and the policies and purposes thereof (2) This chapter shall be reviewed penodically by the department and appropriate revisions shall be undertaken. (3) The water use and quality criteria set forth in WAC 173-201A-030 through 173-201A-140 are established in con- formance with present and potential water uses of the surface waters of the state of Washington and in consideration of the natural water quality potential and limitations of the same. Compliance with the surface water quality standards of the state of Washington require compliance with chapter 173- 201 A WAC, Water quality standards for surface waters of the state of Washington, and chapter 173-204 WAC, Sediment management standards. [Statutory Authority Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173- 201A-010, filed 11/25/92, effective 12/26/92.] WAC 173-201A-020 Definitions. The following defi- nitions are intended to facilitate the use of chapter 173-201A WAC: "Action value" means a total phosphorus (TP) value established at the upper limit of the trophic states in each ecoregion Exceedance of an action value indicates that a problem is suspected. A lake -specific study may be needed to confirm if a nutrient problem exits "Acute conditions" are changes in the physical, chemi- cal, or biologic environment which are expected or demon- strated to result in injury or death to an organism as a result of short-term exposure to the substance or detrimental environ- mental condition "AKART" is an acronym for "all known, available, and reasonable methods of prevention, control, and treatment." (11/18/97) AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The con- cept of AKART applies to both point and nonpoint sources of pollution The term "best management practices," typically applied to nonpoint source pollution controls is considered a subset of the AKART requirement. "The Stormwater Man- agement Manual for the Puget Sound Basin" (1992), may be used as a guideline, to the extent appropriate, for developing best management practices to apply AKART for storm water discharges. "Background conditions" means the biological, chemi- cal, and physical conditions of a water body, outside the area of influence of the discharge under consideration. Back- ground sampling locations in an enforcement action would be up -gradient or outside the area of influence of the discharge. If several discharges to any water body exist, and enforce- ment action is being taken for possible violations to the stan- dards, background sampling would be undertaken immedi- ately up -gradient from each discharge. When assessing back- ground conditions in the headwaters of a disturbed watershed it may be necessary to use the background conditions of a neighboring or similar watershed as the reference conditions. "Best management practices (BMP)" means physical, structural, and/or managerial practices approved by the department that, when used singularly or in combination, pre- vent or reduce pollutant discharges. "Biological assessment" is an evaluation of the biologi- cal condition of a water body using surveys of aquatic com- munity structure and function and other direct measurements of resident biota in surface waters. "Bog" means those wetlands that are acidic, peat form- ing, and whose primary water source is precipitation, with lit- tle, if any, outflow. "Carcinogen" means any substance or agent that pro- duces or tends to produce cancer in humans. For implementa- tion of this chapter, the term carcinogen will apply to sub- stances on the United States Environmental Protection Agency lists of A (known human) and B (probable human) carcinogens, and any substance which causes a significant increased incidence of benign or malignant tumors in a sin- gle, well conducted animal bioassay, consistent with the weight of evidence approach specified in the United States Environmental Protection Agency's Guidelines for Carcino- genic Risk Assessment as set forth in 51 FR 33992 et seq as presently published or as subsequently amended or repub- lished. "Chronic conditions" are changes in the physical, chem- ical, or biologic environment which are expected or demon- strated to result in injury or death to an organism as a result of [Ch. 173-201A WAC—p. 1] • • • 173-201A-020 Water Quality Standards—Surface Waters repeated or constant exposure over an extended period of time to a substance or detrimental environmental condition. "Created wetlands" means those wetlands intentionally created from nonwetland sites to produce or replace natural wetland habitat. "Critical condition" is when the physical, chemical, and biological characteristics of the receiving water environment interact with the effluent to produce the greatest potential adverse impact on aquatic biota and existing or characteristic water uses. For steady-state discharges to riverine systems the critical condition may be assumed to be equal to the 7Q10 flow event unless determined otherwise by the department. "Damage to the ecosystem" means any demonstrated or predicted stress to aquatic or terrestrial organisms or commu- nities of organisms which the department reasonably con- cludes may interfere in the health or survival success or natu- ral structure of such populations. This stress may be due to, but is not limited to, alteration in habitat or changes in water temperature, cherrustry, or turbidity, and shall consider the potential build up of discharge constituents or temporal increases in habitat alteration which may create such stress in the long term. "Department" means the state of Washington department of ecology. "Director" means the director of the state of Washington department of ecology. "Drainage ditch" means that portion of a designed and constructed conveyance system that serves the purpose of transporting surplus water; this may include natural water courses or channels incorporated in the system design, but does not include the area adjacent to the water course or channel "Ecoregions" are defined using EPAs Ecoregions of the Pacific Northwest Document No 600/3-86/033 July 1986 by Omernik and Gallant. "Fecal coliform" means that portion of the coliform group which is present in the intestinal tracts and feces of warm-blooded animals as detected by the product of acid or gas from lactose in a suitable culture medium within twenty- four hours at 44.5 plus or minus 0.2 degrees Celsius. "Geometric mean" means either the nth root of a product of n factors, or the antilogarithm of the arithmetic mean of the logarithms of the individual sample values. "Ground water exchange" means the discharge and recharge of ground water to a surface water. Discharge is inflow from an aquifer, seeps or springs that increases the available supply of surface water. Recharge is outflow down - gradient to an aquifer or downstream to surface water for base flow maintenance. Exchange may include ground water discharge in one season followed by recharge later in the year. "Hardness" means a measure of the calcium and magne- sium salts present in water For purposes of this chapter, hardness is measured in milligrams per liter and expressed as calcium carbonate (CaCO3). "Irrigation ditch" means that portion of a designed and constructed conveyance system that serves the purpose of transporting irrigation water from its supply source to its place of use; this may include natural water courses or chan- [Ch. 173-201A WAC -p. 2] nels incorporated in the system design, but does not include the area adjacent to the water course or channel. "Lakes" shall be distinguished from riverine systems as being water bodies, including reservoirs, with a mean deten- tion time of greater than fifteen days. "Lake -specific study" means a study intended to quantify existing nutrient concentrations, determine existing charac- teristic uses for lake class waters, and potential lake uses. The study determines how to protect these uses and if any uses are lost or impaired because of nutrients, algae, or aquatic plants. An appropriate study must recommend a criterion for total phosphorus (TP), total nitrogen (TN) in µg/1, or other nutrient that impairs characteristic uses by causing excessive algae blooms or aquatic plant growth. "Mean detention time" means the time obtained by dividing a reservoirs mean annual minimum total storage by the thirty -day ten-year low -flow from the reservoir. "Migration or translocation" means any natural move- ment of an organism or community of organisms from one locality to another locality. "Mixing zone" means that portion of a water body adja- cent to an effluent outfall where mixing results in the dilution of the effluent with the receiving water. Water quality criteria may be exceeded in a mixing zone as conditioned and pro- vided for in WAC 173-201A-100. "Natural conditions" or "natural background levels" means surface water quality that was present before any human -caused pollution. When estimating natural conditions in the headwaters of a disturbed watershed it may be neces- sary to use the less disturbed conditions of a neighboring or similar watershed as a reference condition. "Nonpoint source" means pollution that enters any waters of the state from any dispersed land-based or water- based activities, including but not limited to atmospheric dep- osition, surface water runoff from agricultural lands, urban areas, or forest lands, subsurface or underground sources, or discharges from boats or marine vessels not otherwise regu- lated under the National Pollutant Discharge Elimination System program. "Permit" means a document issued pursuant to RCW 90.48.160 et seq or RCW 90.48.260 or both, specifying the waste treatment and control requirements and waste dis- charge conditions. "pH" means the negative logarithm of the hydrogen ion concentration. "Pollution" means such contamination, or other alter- ation of the physical, chemical, or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nui- sance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, com- mercial, industrial, agricultural, recreational, or other legiti- mate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life. "Primary contact recreation" means activities where a person would have direct contact with water to the point of complete submergence including, but not limited to, skin div- ing, swimming, and water skiing. (11/18/97) Water Quality Standards—Surface Waters 173-201A-030 "Secondary contact recreation" means activities where a person's water contact would be limited (wading or fishing) to the extent that bacterial infections of eyes, ears, respiratory or digestive systems, or urogenital areas would normally be avoided. "Shoreline stabilization" means the anchoring of soil at the water's edge, or in shallow water, by fibrous plant root complexes, this may include long-term accretion of sediment or peat, along with shoreline progradation in such areas. "Storm water" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a storm water drainage system into a defined surface water body, or a constructed infiltration facility. "Storm water attenuation" means the process by which peak flows from precipitation are reduced and runoff veloci- ties are slowed as a result of passing through a surface water - body. "Surface waters of the state" includes lakes, nvers, ponds, streams, inland waters, saltwaters, wetlands and all other surface waters and water courses within the jurisdiction of the state of Washington. "Temperature" means water temperature expressed in degrees Celsius (°C). "Treatment wetlands" means those wetlands intention- ally constructed on nonwetland sites and managed for the pri- mary purpose of wastewater or storm water treatment. Treat- ment wetlands are considered part of a collection and treat- ment system, and generally are not subject to the cnteria of this chapter "Trophic state" means a classification of the productivity of a lake ecosystem Lake productivity depends on the amount of biologically available nutrients in water and sedi- ments and may be based on total phosphorus (TP) Secchi depth and chlorophyll -a measurements may be used to improve the trophic state classification of a lake. Trophic states used in this rule include, from least to most nutrient rich, ultra -oligotrophic, oligotrophic, lower mesotrophic, upper mesotrophic, and eutrophic. "Turbidity" means the clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter "Upwelling" means the natural process along Washing- ton's Pacific Coast where the summer prevailing northerly winds produce a seaward transport of surface water Cold, deeper more saline waters rich in nutrients and low in dis- solved oxygen, rise to replace the surface water The cold oxygen deficient water enters Puget Sound and other coastal estuaries at depth where it displaces the existing deep water and eventually rises to replace the surface water. Such sur- face water replacement results in an overall increase in salin- ity and nutrients accompanied by a depression in dissolved oxygen. Localized upwelling of the deeper water of Puget Sound can occur year-round under influence of tidal currents, winds, and geomorphic features. "USEPA" means the United States Environmental Pro- tection Agency. "Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do (11/18/97) support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facili- ties, wastewater treatment facilities, farm ponds, and land- scape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construc- tion of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwet- land areas to mitigate the conversion of wetlands. (Waterbod- ies not included in the definition of wetlands as well as those mentioned in the definition are still waters of the state.) "Wildlife habitat" means waters of the state used by, or that directly or indirectly provide food support to, fish, other aquatic life, and wildlife for any life history stage or activity. [Statutory Authority- Chapter 90.48 RCW and 40 CFR 131 97-23-064 (Order 94-19), § 173-201A-020, filed 11/18/97, effective 12/19/97 Statutory Authority- Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173-201A-020, filed 11/25/92, effective 12/26/92.] WAC 173-201A-030 General water use and criteria classes. The following criteria shall apply to the various classes of surface waters in the state of Washington: (1) Class AA (extraordinary). (a) General characteristic. Water quality of this class shall markedly and uniformly exceed the requirements for all or substantially all uses. (b) Characteristic uses. Charactenstic uses shall include, but not be limited to, the following: (i) Water supply (domestic, industrial, agricultural). (ii) Stock watering. (iii) Fish and shellfish: Salmonid migration, rearing, spawning, and harvesting Other fish migration, rearing, spawning, and harvesting. Clam, oyster, and mussel rearing, spawning, and har- vesting. Crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting. (iv) Wildlife habitat. (v) Recreation (primary contact recreation, sport fishing. boating, and aesthetic enjoyment). (vi) Commerce and navigation. (c) Water quality cntena: (i) Fecal coliform organisms: (A) Freshwater - fecal coliform organism levels shall both not exceed a geometric mean value of 50 colonies/100 mL and not have more than 10 percent of all samples obtained for calculating the geometric mean value exceeding 100 colonies/100 mL. (B) Marine water - fecal coliform organism levels shall both not exceed a geometric mean value of 14 colonies/100 mL, and not have more than 10 percent of all samples obtained for calculating the geometric mean value exceeding 43 colonies/100 mL. (ii) Dissolved oxygen: (A) Freshwater - dissolved oxygen shall exceed 9.5 mg/L. [ Ch. 173-201A WAC—p. 3] • • • 173-201A-030 Water Quality Standards—Surface Waters (B) Marine water - dissolved oxygen shall exceed 7.0 mg/L. When natural conditions, such as upwelling, occur, causing the dissolved oxygen to be depressed near or below 7.0 mg/L, natural dissolved oxygen levels may be degraded by up to 0.2 mg/L by human -caused activities. (iii) Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection. (iv) Temperature shall not exceed 16.0°C (freshwater) or 13 0°C (marine water) due to human activities. When natural conditions exceed 16 0°C (freshwater) and 13.0°C (marine water), no temperature increases will be allowed which will raise the receiving water temperature by greater than 0.3°C. Incremental temperature increases resulting from point source activities shall not, at any time, exceed t=23/(T+5) (freshwater) or t=8/(T-4) (marine water). Incremental tem- perature increases resulting from nonpoint source activities shall not exceed 2.8°C. For purposes hereof, "t" represents the maximum per- missible temperature increase measured at a mixing zone boundary; and "T" represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge. (v) pH shall be within the range of 6.5 to 8.5 (freshwater) or 7.0 to 8.5 (marine water) with a human -caused variation within the above range of less than 0.2 units. (vi) Turbidity shall not exceed 5 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTU. (vii) Toxic, radioactive, or deleterious material concen- trations shall be below those which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sen- sitive biota dependent upon those waters, or adversely affect public health, as determined by the department (see WAC 173-201A-040 and 173-201A-050). (viii) Aesthetic values shall not be impaired by the pres- ence of materials or their effects, excluding those of natural origin, which offend the senses of sight, smell, touch, or taste. (2) Class A (excellent). (a) General characteristic. Water quality of this class shall meet or exceed the requirements for all or substantially all uses. (b) Characteristic uses. Characteristic uses shall include, but not be limited to, the following: (i) Water supply (domestic, industrial, agricultural). (ii) Stock watering. (iii) Fish and shellfish. Salmonid migration, rearing, spawning, and harvesting. Other fish migration, rearing, spawning, and harvesting. Clam, oyster, and mussel rearing, spawning, and har- vesting Crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting. (iv) Wildlife habitat. (v) Recreation (pnmary contact recreation, sport fishing, boating, and aesthetic enjoyment). (vi) Commerce and navigation. [Ch. 173-201A WAC -p. 41 (c) Water quality cntena: (i) Fecal coliform organisms: (A) Freshwater - fecal coliform organism levels shall both not exceed a geometric mean value of 100 colonies/100 mL, and not have more than 10 percent of all samples obtained for calculating the geometric mean value exceeding 200 colonies/100 mL. (B) Manne water - fecal coliform organism levels shall both not exceed a geometric mean value of 14 colonies/100 mL, and not have more than 10 percent of all samples obtained for calculating the geometric mean value exceeding 43 colonies/100 mL. (ii) Dissolved oxygen: (A) Freshwater - dissolved oxygen shall exceed 8.0 mg/L. (B) Marine water - dissolved oxygen shall exceed 6.0 mg/L When natural conditions, such as upwelling, occur, causing the dissolved oxygen to be depressed near or below 6.0 mg/L, natural dissolved oxygen levels may be degraded by up to 0.2 mg/L by human -caused activities. (iii) Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection. (iv) Temperature shall not exceed 18.0°C (freshwater) or 16.0°C (marine water) due to human activities. When natural conditions exceed 18.0°C (freshwater) and 16.0°C (marine water), no temperature increases will be allowed which will raise the receiving water temperature by greater than 0.3°C. Incremental temperature increases resulting from point source activities shall not, at any time, exceed t=28/(T+7) (freshwater) or t=12/(T-2) (marine water) Incremental tem- perature increases resulting from nonpoint source activities shall not exceed 2.8°C. For purposes hereof, "t" represents the maximum per- missible temperature increase measured at a mixing zone boundary; and "T" represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge. (v) pH shall be within the range of 6.5 to 8.5 (freshwater) or 7 0 to 8.5 (marine water) with a human -caused variation within the above range of less than 0.5 units (vi) Turbidity shall not exceed 5 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTU (vii) Toxic, radioactive, or deleterious material concen- trations shall be below those which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sen- sitive biota dependent upon those waters, or adversely affect public health, as determined by the department (see WAC 173-201A-040 and 173-201A-050). (viii) Aesthetic values shall not be impaired by the pres- ence of materials or their effects, excluding those of natural ongin, which offend the senses of sight, smell, touch, or taste. (3) Class B (good). (a) General characteristic. Water quality of this class shall meet or exceed the requirements for most uses. (11/18/97) Water Quality Standards—Surface Waters 173-201A-030 (b) Characteristic uses. Characteristic uses shall include, but not be limited to, the following: (i) Water supply (industrial and agricultural). (ii) Stock watering. (iii) Fish and shellfish: Salmonid migration, rearing, and harvesting Other fish migration, rearing, spawning, and harvesting. Clam, oyster, and mussel rearing and spawning. Crustaceans and other shellfish (crabs, shnmp, crayfish, scallops, etc.) rearing, spawning, and harvesting. (iv) Wildlife habitat. (v) Recreation (secondary contact recreation, sport fish- ing, boating, and aesthetic enjoyment). (vi) Commerce and navigation. (c) Water quality criteria: (i) Fecal coliform organisms: (A) Freshwater - fecal coliform organism levels shall both not exceed a geometric mean value of 200 colonies/100 mL, and not have more than 10 percent of all samples obtained for calculating the geometric mean value exceeding 400 colonies/100 mL. (B) Marine water - fecal coliform organism levels shall both not exceed a geometric mean value of 100 colonies/100 mL, and not have more than 10 percent of all samples obtained for calculating the geometric mean value exceeding 200 colonies/100 MI. (ii) Dissolved oxygen. (A) Freshwater - dissolved oxygen shall exceed 6.5 mg/L. (B) Marine water - dissolved oxygen shall exceed 5.0 mg/L. When natural conditions, such as upwelling, occur, causing the dissolved oxygen to be depressed near or below 5 0 mg/L, natural dissolved oxygen levels may be degraded by up to 0.2 mg/L by human -caused activities. (iii) Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection. (iv) Temperature shall not exceed 21.0°C (freshwater) or 19.0°C (marine water) due to human activities. When natural conditions exceed 21.0°C (freshwater) and 19 0°C (marine water), no temperature increases will be allowed which will raise the receiving water temperature by greater than 0.3°C Incremental temperature increases resulting from point source activities shall not, at any time, exceed t=34/(T+9) (freshwater) or t=16/(T) (marine water). Incremental temper- ature increases resulting from nonpoint source activities shall not exceed 2.8°C. For purposes hereof, "t" represents the maximum per- missible temperature increase measured at a mixing zone boundary; and "T" represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge. (v) pH shall be within the range of 6.5 to 8.5 (freshwater) and 7 0 to 8.5 (marine water) with a human -caused variation within the above range of less than 0.5 units. (vi) Turbidity shall not exceed 10 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 20 percent increase in turbidity when the background turbidity is more than 50 NTU. (11/18/97) (vii) Toxic, radioactive, or deleterious material concen- trations shall be below those which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sen- sitive biota dependent upon those waters, or adversely affect public health, as determined by the department (see WAC 173-201A-040 and 173-201A-050). (viii) Aesthetic values shall not be reduced by dissolved, suspended, floating, or submerged matter not attributed to natural causes, so as to affect water use or taint the flesh of edible species. (4) Class C (fair). (a) General characteristic. Water quality of this class shall meet or exceed the requirements of selected and essen- tial uses. (b) Characteristic uses. Characteristic uses shall include, but not be limited to, the following: (i) Water supply (industrial). (ii) Fish (salmonid and other fish migration). (iii) Recreation (secondary contact recreation, sport fish- ing, boating, and aesthetic enjoyment) (iv) Commerce and navigation. (c) Water quality criteria - marine water: (i) Fecal coliform organism levels shall both not exceed a geometric mean value of 200 colonies/100 mL, and not have more than 10 percent of all samples obtained for calcu- lating the geometric mean value exceeding 400 colonies/100 mL. (ii) Dissolved oxygen shall exceed 4 0 mg/L. When nat- ural conditions, such as upwelling, occur, causing the dis- solved oxygen to be depressed near or below 4.0 mg/L, natu- ral dissolved oxygen levels may be degraded by up to 0.2 mg/L by human -caused activities. (iii) Temperature shall not exceed 22.0°C due to human activities. When natural conditions exceed 22.0°C, no tem- perature increases will be allowed which will raise the receiv- ing water temperature by greater than 0.3°C Incremental temperature increases shall not, at any time, exceed t=20/(T+2). For purposes hereof, "t" represents the maximum per- missible temperature increase measured at a mixing zone boundary; and "T" represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge. (iv) pH shall be within the range of 6.5 to 9 0 with a human -caused variation within a range of less than 0.5 units. (v) Turbidity shall not exceed 10 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 20 percent increase in turbidity when the background turbidity is more than 50 NTU. (vi) Toxic, radioactive, or deleterious material concen- trations shall be below those which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sen- sitive biota dependent upon those waters, or adversely affect public health, as determined by the department (see WAC 173-201A-040 and 173-201A-050). [Ch. 173-201A WAC -p. 5] • • • 173-201A-030 Water Quality Standards—Surface Waters (vii) Aesthetic values shall not be interfered with by the presence of obnoxious wastes, slimes, aquatic growths, or matenals which will taint the flesh of edible species. (5) Lake class. (a) General charactenstic. Water quality of this class shall meet or exceed the requirements for all or substantially all uses. (b) Charactenstic uses. Characteristic uses shall include, but not be limited to, the following: (i) Water supply (domestic, industrial, agncultural). (ii) Stock watering. (iii) Fish and shellfish: Salmonid migration, rearing, spawning, and harvesting. Other fish migration, rearing, spawning, and harvesting. Clam and mussel rearing, spawning, and harvesting. Crayfish rearing, spawning, and harvesting. (iv) Wildlife habitat. (v) Recreation (primary contact recreation, sport fishing, boating, and aesthetic enjoyment) (vi) Commerce and navigation. (c) Water quality critena. (i) Fecal coliform organism levels shall both not exceed a geometric mean value of 50 colonies/100 mL, and not have (Ch. 173-201A WAC -p. 6] more than 10 percent of all samples obtained for calculating the geometric mean value exceeding 100 colonies/100 mL. (ii) Dissolved oxygen - no measurable decrease from natural conditions. (iii) Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection. (iv) Temperature - no measurable change from natural conditions. (v) pH - no measurable change from natural conditions. (vi) Turbidity shall not exceed 5 NTU over background conditions. (vii) Toxic, radioactive, or deleterious material concen- trations shall be below those which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sen- sitive biota dependent upon those waters, or adversely affect public health, as determined by the department (see WAC 173-201A-040 and 173-201A-050). (viii) Aesthetic values shall not be impaired by the pres- ence of materials or their effects, excluding those of natural ongin, which offend the senses of sight, smell, touch, or taste. (6) Establishing lake nutrient criteria. (a) The following table shall be used to aid in establish- ing nutnent cnteria: (WAC 173-201A-030, Table 1) See table on following page. (11/18/97) • • • Ch. 173-201A-030, Table 1 Coast Range, Puget Lowlands, and Northern Rockies Ecoregions: Trophic State If Ambient TP (}ig/) Then criteria Range of Lake is: should be set at: Ultra -oligotrophic Oligotrophic Lower mesotrophic 0-4 4 or less >4-10 10 or less >10-20 20 or less Action Value >20 lake specific study may be initiated Cascades Ecoregion: Trophic State If Ambient TP (Kg/) Then criteria Range of Lake is: should be set at: Ultra -oligotrophic Oligotrophic 0-4 4 or less >4-10 10 or less Action Value >10 lake specific study may be initiated Columbia Basin Ecoregion: Trophic State If Ambient TP (pg/) Then criteria Range of Lake is: should be set at: Ultra -oligotrophic Oligotrophic Lower mesotrophic Upper mesotrophic 0-4 4 or less >4-10 10 or less >10-20 20 or less >20-35 35 or less Action Value >35 lake specific study may be initiated. Water Quality Standards—Surface Waters 173 -201A -Q40 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 (c)(i) of this subsection (b) The following actions are recommended if ambient monitonng 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. (i) Determine trophic status from existing or newly gath- ered data. The recommended minimum sampling to deter- mine 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. (ii) Propose criteria at or below the upper limit of the trophic state; or (iii) Conduct lake -specific study to determine and pro- pose to adopt appropriate criteria as described in (c) of this subsection. (c) The following actions are recommended if ambient monitoring of a lake shows total phosphorus to exceed the action value for an ecoregion shown in Table 1 of this section or where recommended ecoregional action values do not exist: (i) Conduct a lake -specific study to evaluate the charac- teristic uses of the lake A lake -specific study may vary depending on the source or threat of impairment. Phytoplank- ton blooms, toxic phytoplankton, or excessive aquatic plants, are examples of various sources of impairment. The follow- ing are examples of quantitative measures that a study may describe- Total phosphorus, total nitrogen, chlorophyll -a, dissolved oxygen in the hypolimnion if thermally stratified, pH, hardness, or other measures of existing conditions and potential changes in any one of these parameters. (ii) Determine appropriate total phosphorus concentra- tions or other nutrient criteria to protect characteristic lake uses. If the existing total phosphorus concentration is protec- tive of characteristic lake uses, then set criteria at existing total phosphorus concentration. If the existing total phospho- rus concentration is not protective of the existing characteris- tic lake uses, then set criteria at a protective concentration. Proposals to adopt appropriate total phosphorus criteria to protect characteristic uses must be developed by considering technical information and stakeholder input as part of a pub- lic involvement process equivalent to the Administrative Pro- cedure Act (chapter 34 05 RCW). (iii) Determine if the proposed total phosphorus criteria necessary to protect characteristic uses is achievable. If the recommended criterion is not achievable and if the character- istic use the criterion is intended to protect is not an existing use, then a higher criterion may be proposed in conformance with 40 CFR part 131.10 (d) The department will consider proposed lake -specific nutrient criteria during any water quality standards rule mak- ing that follows development of a proposal. Adoption by rule formally establishes the cnteria for that lake (e) Prioritization and investigation of lakes by the depart- ment will be initiated by listing problem lakes in a watershed needs assessment, and scheduled as part of the water quality program's watershed approach to pollution control. This pri- (11/18/97) oritization will apply to lakes identified as warranting a crite- ria based on the results of a lake -specific study, to lakes war- ranting a lake -specific study for establishing criteria, and to lakes requiring restoration and pollution control measures due to exceedance of an established criterion. The adoption of nutrient criteria are generally not intended to apply to lakes or ponds with a surface area smaller than five acres; or to ponds wholly contained on private property owned and sur- rounded by a single landowner; and nutrients do not drain or leach from these lakes or private ponds to the detriment of other property owners or other water bodies; and do not impact designated uses in the lake. However, if the land- owner proposes criteria the department may consider adop- tion. (f) The department may not need to set a lake -specific criteria or further investigate a lake if existing water quality conditions are naturally poorer (higher TP) than the action value and uses have not been lost or degraded, per WAC 173- 2O1A-070(2) [Statutory Authority• Chapter 90.48 RCW and 40 CFR 131 97-23-064 (Order 94-19), § 173-201A-030, filed 11/18/97, effective 12/19/97 Statutory Authority- Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173-201A-030. filed 11/25/92, effective 12/26/92.1 WAC 173-201A-040 Toxic substances. (1) Toxic sub- stances shall not be introduced above natural background lev- els in waters of the state which have the potential either sin- gularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic toxicity to the most sensi- tive biota dependent upon those waters, or adversely affect public health, as determined by the department. (2) The department shall employ or require chetrucal testing, acute and chronic toxicity testing, and biological assessments, as appropriate, to evaluate compliance with sub- section (1) of this section and to ensure that aquatic commu- nities and the existing and characteristic beneficial uses of waters are being fully protected. (3) The following critena shall be applied to all surface waters of the state of Washington for the protection of aquatic life The department may revise the following criteria on a state-wide or waterbody-specific basis as needed to protect aquatic life occumng in waters of the state and to increase the technical accuracy of the criteria being applied. The depart- ment shall formally adopt any appropriate revised criteria as part of this chapter in accordance with the provisions estab- lished in chapter 34.05 RCW, the Administrative Procedure Act. The department shall ensure there are early opportuni- ties for public review and comment on proposals to develop revised criteria. Values are .tg/L for all substances except Ammonia and Chloride which are mg/L. Substance Freshwater Acute Chronic Marine Water Acute Chronic Aldrin/Dieldrin Ammonia (un -ionized NH3) hh Arsenic dd 2.5a 0.0019b 0.71a 0.0019b f,c g,d 0.233h,c 0.035h,d 360.0c 190.0d 69.0c,Il 36.0d, cc,11 Cadmium dd i,c j,d 42.0c 9.3d Chlordane 2.4a 0.0043b 0.09a 0.004b [ Ch. 173-201A WAC—p. 7] • • • 173-201A-040 Substance Freshwater Acute Chronic Water Quality Standards -Surface Waters Marine Water Acute Chronic Chloride (Dissolved) k 860.Oh,c 230.0h,d - Chlorine (Total Residual) 19.Oc 11 Od 13.Oc 7.5d Chlorpyrifos 0.083c 0.04Id 0.011c 0.0056d Chromium (Hex) dd 15.0c,l,ii 10.0d jj 1,100.0c,1,11 50.Od,11 Chromium (Tri) gg m,c n,d - Copper dd o,c p,d 4.8c,II 3 Id,11 Cyanide ee 22.Oc 5.2d 1.0c,mm DDT (and metabolites) 1 la 0.00lb 0.13a 0.001b Dieldrin/Aldrin e 2.5a 0.0019b 0.71a 0.0019b Endosulfan 0.22a 0.056b 0.034a 0.0087b Endrin 0.18a 0.0023b 0.037a 0.0023b Heptachlor 0.52a 0.0038b 0.053a 0.0036b Hexachlorocyclohexane (Lindane) 2.0a 0.08b 0.16a - Lead dd q,c r,d 210.0c,11 8.1d.11 Mercury s 2.1c,kk,dd 0.012d,ff 1.8c,ll,dd 0.025d,ff Nickel dd t,c u,d 74.Oc,11 8.2d,11 Parathion 0.065c 0.013d Pentachlorophenol (PCP) w.c v,d 13.0c 7.9d Polychlorinated Biphenyls (PCBs) 2.0b 0.014b 10.0b 0.030b Selenium 20.Oc,ff 5.Od,ff 290c,ll,dd 71.Od, x,Il,dd Silver dd y,a 1 9a,11 - Toxaphene 0.73c,z 0.0002d 0.21c,z 0.0002d Zinc dd aa,c bb.d 90.Oc,I1 81.Od,11 Notes to Table: a.An instantaneous concentration not to be exceeded at any time. b.A 24-hour average not to be exceeded. c.A 1 -hour average concentration not to be exceeded more than once every three years on the average. d.A 4 -day average concentration not to be exceeded more than once every three years on the average. e.Aldrin is metabolically converted to Dieldrin. Therefore, the sum of the Aldrin and Dieldrin concentrations are compared with the Dieldrin criteria. f.Shall not exceed the numerical value given by. where: FT= FT= FPH= FPH= TCAP= TCAP= 0.52 + (FT)(FPH)(2) 101003(20-TCAP)1TCAP <_ T 5 30 101003(20-T>I 0 < T <_ TCAP 1,8<_pH59 (1+10(74-Pw) + 1.25, 6.55 pH <_ 8.0 20°C, Salmonids present. 25°C, Salmonids absent. g.Shall not exceed the numerical value given by. 0.80 + (FT)(FPH)(RATIO) where: RATIO = 13.5,775pH59 RATIO = (20.25 x 10(77 -pH)) + (1+ 10(7 4 -pH)) . 6.5 5 pH <_ 7 7 where:FT and FPH are as shown in (f) above except: TCAP= 15°C, Salmonids present. TCAP= 20°C. Salmonids absent. [Ch. 173-201A WAC -p. 8] h.Measured in milligrams per liter rather than micrograms per liter i.5 (0.944)(e(1 128[In(hardness)]-3.828)) at hardness= 100. Conver- sion factor (CF) of 0.944 is hardness dependent. CF is calculated for other hardnesses as follows: CF= 1 136672 - [(In hard- ness)(0.041838)]. j.<_ (0.909)(e(0.7852[In(hardness)]-3 490)) at hardness= 100. Conver- sions factor (CF) of 0.909 is hardness dependent. CF is calcu- lated for other hardnesses as follows: CF= 1 101672 - [(In hard- ness)(0.041838)]. k.Criterion based on dissolved chloride in association with sodium. This criterion probably will not be adequately protective when the chloride is associated with potassium, calcium, or magne- sium, rather than sodium. 1.Salinity dependent effects. At low salinity the 1 -hour average may not be sufficiently protective. m.<_ (0.316)e(0.8190(In(hardness)I +3.688) n..<_ (0.860)e(0.819011n(hardness)] +1.561) 0.5 (0.960)(e(0.942211n(hardness)1-1.464)) p.5 (0 960)(e(0.8545[In(hardness)I -1.465)) q.<_ (0 791)(e(1.z731tn(nardness)]-1460)) at hardness= 100. Conversion factor (CF) of 0.791 is hardness dependent. CF is calculated for other hardnesses as follows CF= 1 46203 - [(In hard - r.< c5 (0.791)(e(1.273D"(Hardness)]-a.705)) at hardness= 100. Conversion factor (CF) of 0.791 is hardness dependent. CF is calculated for other hardnesses as follows CF= 1 46203 - [(In hard- ness)(0. 145712)]. s.If the four-day average chronic concentration is exceeded more than once in a three-year period, the edible portion of the consumed species should be analyzed. Said edible tissue concentrations shall not be allowed to exceed 1.0 mg/kg of methylmercury. t.5 (0.998)(e(0.846011n(hardness)I +3.3612)) LL.5 (0.997)(e(0.846011n(hardness)1 +1.1645)) v.< el1.005(pH) -5.290) w.5 e11.005(pH) -4.8301 x.The status of the fish community should be monitored whenever the concentration of selenium exceeds 5.0 ug/1 in salt water. y.<_ (0.85)(e(1.7211n(hardness11 -6.52)) z.Channel Catfish may be more acutely sensitive. aa.5 (0.978)(e(0.847311n(hardness)1 +0.8604)) bb.5 (0.986)(e(0.847311n(hardness)1 +0.7614)) cc.Nonlethal effects (growth, C-14 uptake, and chlorophyll production) to diatoms (Thalassiosira aestivalis and Skeletonema costatum) which are common to Washington's waters have been noted at levels below the established criteria. The importance of these effects to the diatom populations and the aquatic system is suffi- ciently in question to persuade the state to adopt the USEPA National Criteria value (36.sg/L) as the state threshold criteria, however, wherever practical the ambient concentrations should not be allowed to exceed a chronic marine concentration of 21 1.1g/L. dd.These ambient criteria in the table are for the dissolved fraction. The cyanide criteria are based on the weak acid dissociable method. The metals criteria may not be used to calculate total recoverable effluent limits unless the seasonal partitioning of the dissolved to total metals in the ambient water are known. When this information is absent, these metals criteria shall be applied as total recoverable values, determined by back -calculation, using the conversion factors incorporated in the criterion equations. Metals criteria may be adjusted on a site-specific basis when data are made available to the department clearly demonstrating the effective use of the water effects ratio approach established by USEPA, as generally guided by the procedures in USEPA Water Quality Standards Handbook, December 1983, as supplemented or replaced. Information which is used to develop effluent limits based on applying metals partitioning studies or the water effects ratio approach shall be identified in the permit fact sheet devel- oped pursuant to WAC 173-220-060 or 173-226-110, as appropri- (11/18/97) • • • Water Quality Standards—Surface Waters ate, and shall be made available for the public comment period required pursuant to WAC 173-220-050 or 173-226-130(3), as appropriate. ee.The criteria for cyanide is based on the weak and dissociable method in the 17th Ed. Standard Methods for the Examination of Water and Wastewater, 4500 -CN 1, and as revised (see footnote dd, above). ff These criteria are based on the total -recoverable fraction of the metal. gg.Where methods to measure trivalent chromium are unavailable, these criteria are to be represented by total -recoverable chro- mium. hh.Tables for the conversion of total ammonia to un -ionized ammonia for freshwater can be found in the USEPA's Quality Criteria for Water, 1986. Criteria concentrations based on total ammonia for marine water can be found in USEPA Ambient Water Quality Criteria for Ammonia (Saltwater) -1989, EPA440/5-88-004, April 1989 ii Conversion factor to calculate dissolved metal concentration is 0.982. jj.Conversion factor to calculate dissolved metal concentration is 0.962. kk.Conversion factor to calculate dissolved metal concentration is 0.85 11.Marine conversion factors (CF) used for calculating dissolved metals concentrations. Conversion factors are applicable to both acute and chronic criteria for all metals except mercury CF for mer- cury is applicable to the acute criterion only. Conversion factors are already incorporated into the criteria in the table. Dissolved criterion= criterion x CF Metal CF Arsenic Cadmium Chromium (VI) Copper Lead Mercury Nickel Selenium Silver Zinc 1.000 0.994 0.993 0.83 0.951 0.85 0.990 0.998 0.85 0.946 mm.The cyanide criteria are: 9 1 µg/1 chronic and 2.8µg/1 acute and are applicable only to waters which are east of a line from Point Rob- erts to Lawrence Point, to Green Point to Deception Pass: and south from Deception Pass and of a line from Partridge Point to Point Wilson. (4) USEPA Quality Cnteria for Water, 1986 shall be used in the use and interpretation of the values listed in sub- section (3) of this section (5) Concentrations of toxic, and other substances with toxic propensities not listed in subsection (3) of this section shall be determined in consideration of USEPA Quality Cri- teria for Water, 1986, and as revised, and other relevant infor- mation as appropriate Human health -based water quality criteria used by the state are contained in 40 CFR 131.36 (known as the National Toxics Rule) (6) Risk-based criteria for carcinogenic substances shall be selected such that the upper -bound excess cancer risk is Less than or equal to one in one mullion. [Statutory Authority Chapter 90.48 RCW and 40 CFR 131 97-23-064 (Order 94-19), § 173-201A-040, filed 11/18/97, effective 12/19/97 Statu- tory Authority• Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173- 201A-040, filed 11/25/92, effective 12/26/92.] Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency (11/18/97) 173-201A-060 WAC 173-201A-050 Radioactive substances. (1) Del- eterious concentrations of radioactive materials for all classes shall be as determined by the lowest practicable concentra- tion 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 regu- lations for radiation protection), or (b) USEPA Drinking Water Regulations for radionu- clides, as published in the Federal Register of July 9, 1976, or subsequent revisions thereto. (2) Nothing in this chapter shall be interpreted to be applicable to those aspects of governmental regulation of radioactive waters which have been preempted from state regulation by the Atomic Energy Act of 1954, as amended, as interpreted by the United States Supreme Court in the cases of Northern States Power Co. v. Minnesota 405 U.S 1035 (1972) and Train v. Colorado Public Interest Research Group, 426 U.S. 1 (1976). [Statutory Authority• Chapter 90.48 RCW and 40 CFR 131 97-23-064 (Order 94-19), § 173-201A-050, filed 11/18/97, effective 12/19/97 Statutory Authority Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173-201A-050, filed 11/25/92, effective 12/26/92.] WAC 173-201A-060 General considerations. The fol- lowing general guidelines shall apply to the water quality cri- teria and classifications set forth in WAC 173-201A-030 through 173-201A-140 hereof: (1) At the boundary between waters of different classifi- cations, the water quality cnteria for the higher classification shall prevail. (2) In brackish waters of estuaries, where the fresh and marine water quality criteria differ within the same classifica- tion, the criteria shall be applied on the basis of vertically averaged salinity. The freshwater criteria shall be applied at any point where ninety-five percent of the vertically averaged daily maximum salinity values are less than or equal to one part per thousand. Manne criteria shall apply at all other loca- tions; except that the marine water quality critena shall apply for dissolved oxygen when the salinity is one part per thou- sand or greater and for fecal coliform organisms when the salinity is ten parts per thousand or greater. (3) In determining compliance with the fecal coliform criteria in WAC 173-201A-030, averaging of data collected beyond a thirty -day period, or beyond a specific discharge event under investigation, shall not be permitted when such averaging would skew the data set so as to mask noncompli- ance periods. (4)(a) The water quality criteria herein established for total dissolved gas shall not apply when the stream flow exceeds the seven-day, ten-year frequency flood. (b) The total dissolved gas criteria may be adjusted to aid fish passage over hydroelectnc dams when consistent with a department approved gas abatement plan. This gas abatement plan must be accompanied by fisheries management and physical and biological monitoring plans. The elevated total dissolved gas levels are intended to allow increased fish pas- sage without causing more harm to fish populations than caused by turbine fish passage. The specific allowances for total dissolved gas exceedances are listed as special condi- tions for sections of the Snake and Columbia rivers in WAC 173-201A-130 and as shown in the following exemption - [Ch. 173-201A WAC—p. 91 • • • 173-201A-070 Water Quality Standards—Surface Waters Special fish passage exemption for sections of the Snake and Columbia rivers: When spilling water at dams is necessary to aid fish passage, total dissolved gas must not exceed an average of one hundred fifteen percent as mea- sured at Camas/Washougal below Bonneville dam or as mea- sured in the forebays of the next downstream dams. Total dis- solved gas must also not exceed an average of one hundred twenty percent as measured in the tailraces of each dam. These averages are based on the twelve highest hourly read- ings in any one day of total dissolved gas. In addition, there is a maximum total dissolved gas one hour average of one hun- dred twenty-five percent, relative to atmospheric pressure, during spillage for fish passage. These special conditions for total dissolved gas in the Snake and Columbia rivers are viewed as temporary and are to be reviewed by the year 2003. (c) Nothing in these special conditions allows an impact to existing and characteristic uses. (5) Waste discharge permits, whether issued pursuant to the National Pollutant Discharge Elimination System or oth- erwise, shall be conditioned so the discharges authorized will meet the water quality standards. (a) However, persons discharging wastes in compliance with the terms and conditions of permits shall not be subject to civil and criminal penalties on the basis that the discharge violates water quality standards. (b) Permits shall be subject to modification by the department whenever it appears to the department the dis- charge violates water quality standards. Modification of per- mits, as provided herein, shall be subject to review in the same manner as originally issued permits. (6) No waste discharge permit shall be issued which results in a violation of established water quality criteria, except as provided for under WAC 173-201A-100 or 173- 201A-110. (7) Due consideration will be given to the precision and accuracy of the sampling and analytical methods used as well as existing conditions at the time, in the application of the cri- teria. (8) The analytical testing methods for these criteria shall be in accordance with the "Guidelines Establishing Test Pro- cedures for the Analysis of Pollutants" (40 C.F R. Part 136) and other or superseding methods published and/or approved by the department following consultation with adjacent states and concurrence of the USEPA. (9) Nothing in this chapter shall be interpreted to prohibit the establishment of effluent limitations for the control of the thermal component of any discharge in accordance with Sec- tion 316 of the federal Clean Water Act (33 U.S.C. 1251 et seq ) (10) The primary means for protecting water quality in wetlands is through implementing the antidegradation proce- dures section (WAC 173-201A-070) (a) In addition to designated uses, wetlands may have existing beneficial uses that are to be protected that include ground water exchange, shoreline stabilization, and storm water attenuation. (b) Water quality in wetlands is maintained and pro- tected by maintaining the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designated uses. [Ch. 173-201A WAC—p. 10] (c) Wetlands shall be delineated using the Washington State Wetlands Identification and Delineation Manual, in accordance with WAC 173-22-035. [Statutory Authority- Chapter 90.48 RCW and 40 CFR 131 97-23-064 (Order 94-19), § 173-201A-060, filed 11/18/97, effective 12/19/97 Statutory Authority- Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173-201A-060, filed 11/25/92, effective 12/26/92.] WAC 173-201A-070 Antidegradation. The antide- gradation policy of the state of Washington, as generally guided by chapter 90.48 RCW, Water Pollution Control Act, and chapter 90.54 RCW, Water Resources Act of 1971, is stated as follows. (1) Existing beneficial uses shall be maintained and pro- tected and no further degradation which would interfere with or become injurious to existing beneficial uses shall be allowed. (2) Whenever the natural conditions of said waters are of a lower quality than the criteria assigned, the natural condi- tions shall constitute the water quality criteria. (3) Water quality shall be maintained and protected in waters designated as outstanding resource waters in WAC 173-201 A-080. (4) Whenever waters are of a higher quality than the cri- teria assigned for said waters, the existing water quality shall be protected and pollution of said waters which will reduce the existing quality shall not be allowed, except in those instances where: (a) It is clear, after satisfactory public participation and intergovernmental coordination, that overriding consider- ations of the public interest will be served; (b) All wastes and other materials and substances dis- charged into said waters shall be provided with all known, available, and reasonable methods of prevention, control, and treatment by new and existing point sources before discharge. All activities which result in the pollution of waters from nonpoint sources shall be provided with all known, available, and reasonable best management practices, and (c) When the lowering of water quality in high quality waters is authorized, the lower water quality shall still be of high enough quality to fully support all existing beneficial uses. (5) Short-term modification of water quality may be per- mitted as conditioned by WAC 173-201A-110. [Statutory Authority- Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173- 201A-070, filed 11/25/92, effective 12/26/92.] WAC 173-201A-080 Outstanding resource waters. Waters meeting one or more of the following criteria shall be considered for outstanding resource water designation. Des- ignations shall be adopted in accordance with the provisions of chapter 34.05 RCW, Administrative Procedure Act. (1) Waters in national parks, national monuments, national preserves, national wildlife refuges, national wilder- ness areas, federal wild and scenic rivers, national seashores, national marine sanctuaries, national recreation areas, national scenic areas, and national estuarine research reserves; (2) Waters in state parks, state natural areas, state wild- life management areas, and state scenic rivers, (11/18/97) Water Quality Standards—Surface Waters 173-201A-100 (3) Documented aquatic habitat of pnority species as determined by the department of wildlife; (4) Documented critical habitat for populations of threat- ened or endangered species of native anadromous fish; (5) Waters of exceptional recreational or ecological sig- nificance. [Statutory Authority- Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173- 201A-080, filed 11/25/92, effective 12/26/92.] WAC 173-201A-100 Mixing zones. (1) The allowable size and location of a mixing zone and the associated effluent limits shall be established in discharge permits, general per- mits, or orders, as appropnate. (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 support- ing information clearly indicates the nixing 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 limi- tation 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. (b) In estuanes, mixing zones, singularly or in combina- tion with other mixing zones, shall. (i) Not extend in any horizontal direction from the dis- charge port(s) for a distance greater than two hundred feet plus the depth of water over the discharge port(s) as measured during mean lower low water; and (ii) Not occupy greater than twenty-five percent of the width of the water body as measured during mean lower low water. For the purpose of this section, areas to the east of a line from Green Point (Fidalgo Island) to Lawrence Point (Orcas Island) are considered estuarine, as are all of the Strait of Georgia and the San Juan Islands north of Orcas Island. To the east of Deception Pass, and to the south and east of Admi- ralty Head, and south of Point Wilson on the Quimper Penin- sula, is Puget Sound proper, which is considered to be entirely estuarine. All waters existing within bays from Point (11/18/97) Wilson westward to Cape Flattery and south to the North Jetty of the Columbia River shall also be categorized as estu- anne. (c) In oceanic waters, mixing zones, singularly or in combination with other mixing zones, shall not extend in any horizontal direction from the discharge port(s) for a distance greater than three hundred feet plus the depth of water over the discharge port(s) as measured during mean lower low water For the purpose of this section, all marine waters not classified as estuarine in (b)(ii) of this subsection shall be cat- egorized as oceanic (d) In lakes, and in reservoirs having a mean detention time greater than fifteen days, mixing zones shall not be allowed unless it can be demonstrated to the satisfaction of the department that: (i) Other siting, technological, and managerial options that would avoid the need for a lake mixing zone are not rea- sonably achievable, (ii) Overriding considerations of the public interest will be served; and (iii) All technological and managerial methods available for pollution reduction and removal that are economically achievable would be implemented prior to discharge. Such methods may include, but not be limited to, advanced waste treatment techniques. (e) In lakes, and in reservoirs having a mean detention time greater than fifteen days, mixing zones, singularly or in combination with other mixing zones, shall comply with the most restrictive combination of the following: (i) Not exceed ten percent of the water body volume; (ii) Not exceed ten percent of the water body surface area (maximum radial extent of the plume regardless of whether it reaches the surface); and (iii) Not extend beyond fifteen percent of the width of the water body (8) Acute criteria are based on numeric critena and tox- icity tests approved by the department, as generally guided under WAC 173-201A-040 (1) through (5), and shall be met as near to the point of discharge as practicably attainable Compliance shall be determined by monitoring data or cali- brated models approved by the department utilizing represen- tative dilution ratios. A zone where acute criteria may be exceeded is allowed only if it can be demonstrated to the department's satisfaction the concentration of, and duration and frequency of exposure to the discharge, will not create a barrier to the migration or translocation of indigenous organ- isms to a degree that has the potential to cause damage to the ecosystem. A zone of acute criteria exceedance shall singu- larly or in combination with other such zones comply with the following maximum size requirements. (a) In rivers and streams, a zone where acute criteria may be exceeded shall comply with the most restnctive combina- tion of the following (this size limitation may also be applied to estuanes having flow characteristics resembling rivers): (i) Not extend beyond ten percent of the distance towards the upstream and downstream boundaries of an authorized mixing zone, as measured independently from the discharge port(s); (ii) Not utilize greater than two and one-half percent of the flow; and [Ch. 173-201A WAC—p. 11 ] • • • 173-201A-110 Water Quality Standards—Surface Waters (iii) Not occupy greater than twenty-five percent of the width of the water body. (b) In oceanic and estuarine waters a zone where acute criteria may be exceeded shall not extend beyond ten percent of the distance established in subsection (7)(b) of this section as measured independently from the discharge port(s). (9) Overlap of mixing zones. (a) Where allowing the overlap of mixing zones would result in a combined area of water quality criteria nonattain- ment which does not exceed the numeric size limits estab- lished under subsection (7) of this section, the overlap may be permitted if: (i) The separate and combined effects of the discharges can be reasonably determined; and (ii) The combined effects would not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosys- tem. (b) Where allowing the overlap of mixing zones would result in exceedance of the numeric size limits established under subsection (7) of this section, the overlap may be allowed only where: (i) The overlap qualifies for exemption under subsec- tions (12) and (13) of this section; and (ii) The overlap meets the requirements established in (a) of this subsection. (10) Storm water: (a) Storm water discharge from any "point source" con- taining "process wastewater" as defined in 40 C.F.R. Part 122.2 shall fully conform to the numeric size criteria in sub- sections (7) and (8) of this section and the overlap criteria in subsection (9) of this section. (b) Storm water discharges not described by (a) of this subsection may be granted an exemption to the numeric size cnteria in subsections (7) and (8) of this section and the over- lap criteria in subsection (9) of this section, provided the dis- charger clearly demonstrates to the department's satisfaction that: (i) All appropriate best management practices estab- lished for storm water pollutant control have been applied to the discharge (ii) The proposed mixing zone shall not have a reason- able potential to result in a loss of sensitive or important hab- itat, 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 depart- ment; and (iii) The proposed mixing zone shall not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosys- tem. (c) All mixing zones for storm water discharges shall be based on a volume of runoff corresponding to a design storm approved by the department. Exceedances from the numeric size criteria in subsections (7) and (8) of this section and the overlap cnteria in subsection (9) of this section due to precip- itation events greater than the approved design storm may be allowed by the department, if it would not result in adverse impact to existing or characteristic uses of the water body or [Ch. 173-201A WAC—p. 12] result in damage to the ecosystem, or adversely affect public health as determined by the department. (11) Combined sewer overflows complying with the requirements of chapter 173-245 WAC, may be allowed an average once per year exemption to the numenc size criteria in subsections (7) and (8) of this section and the overlap cri- teria in subsection (9) of this section, provided the discharge complies with subsection (4) of this section. (12) Exceedances from the numeric size criteria in sub- sections (7) and (8) of this section and the overlap criteria in subsection (9) of this section may be considered by the department in the following cases: (a) For discharges existing prior to November 24, 1992, (or for proposed discharges with engineering plans formally approved by the department prior to November 24, 1992), (b) Where altering the size configuration is expected to result in greater protection to existing and characteristic uses; (c) Where the volume of water in the effluent is provid- ing a greater benefit to the existing or characteristic uses of the water body due to flow augmentation than the benefit of removing the discharge, if such removal is the remaining fea- sible option; or (d) Where the exceedance is clearly necessary to accom- modate important economic or social development in the area in which the waters are located. (13) Before an exceedance from the numeric size criteria in subsections (7) and (8) of this section and the overlap cri- teria in subsection (9) of this section may be allowed under subsection (12) of this section, it must clearly be demon- strated to the department's satisfaction that: (a) AKART appropriate to the discharge is being fully applied; (b) All siting, technological, and managerial options which would result in full or significantly closer compliance that are economically achievable are being utilized; and (c) The proposed mixing zone complies with subsection (4) of this section. (14) Any exemptions granted to the size criteria under subsection (12) of this section shall be reexamined during each permit renewal period for changes in compliance capa- bility. Any significant increase in capability to comply shall be reflected in the renewed discharge perrrut. (15) The department may establish permit limits and measures of compliance for human health based criteria (based on lifetime exposure levels), independent of this sec- tion. (16) Sediment impact zones authonzed by the depart- ment pursuant to chapter 173-204 WAC, Sediment manage- ment standards, do not satisfy the requirements of this sec- tion. [Statutory Authority. Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173- 201A-100, filed 11/25/92, effective 12/26/92.] WAC 173-201A-110 Short-term modifications. The criteria and special conditions established in WAC 173- 201A-030 through 173-201A-140 may be modified for a spe- cific water body on a short-term basis 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 (11/18/97) Water Quality Standards—Surface Waters 173-201A-120 conditions below those criteria and classifications established by this regulation. Such activities must be conditioned, timed, and restricted (i.e., hours or days rather than weeks or months) in a manner that will minimize water quality degra- dation to existing and characteristic uses. In no case will any degradation of water quality be allowed if this degradation significantly interferes with or becomes injurious to charac- teristic water uses or causes long-term harm to the environ- ment. (1) A short-term modification may be issued in writing by the director or his/her designee to an individual or entity proposing the aquatic application of pesticides, including but not limited to those used for control of federally or state listed noxious and invasive species, and excess populations of native aquatic plants, mosquitoes, burrowing shrimp, and fish, subject to the following terms and conditions: (a) A short-term modification will in no way lessen or remove the project proponent's obligations and liabilities under other federal, state and local rules and regulations. (b) A request for a short-term modification shall be made to the department on forms supplied by the department. Such request shall be made at least thirty days prior to initiation of the proposed activity, and after the project proponent has complied with the requirements of the State Environmental Policy Act (SEPA); (c) A short-term modification shall be valid for the dura- tion of the activity requiring modification of the critena and special conditions in WAC 173-201A-030 through 173- 201A-140, or for one year, whichever is less. Ecology may authorize a longer duration where the activity is part of an ongoing or long-term operation and maintenance plan, inte- grated pest or noxious weed management plan, waterbody or watershed management plan, or restoration plan. Such a plan must be developed through a public involvement process consistent with the Administrative Procedure Act (chapter 34.05 RCW) and be in compliance with SEPA, chapter 43.21C RCW, in which case the standards may be modified for the duration of the plan, or for five years, whichever is less, (d) Appropriate public notice as determined and pre- scribed by the director or his/her designee shall be given, identifying the pesticide, applicator, location where the pesti- cide will be applied, proposed timing and method of applica- tion, and any water use restrictions specified in USEPA label provisions, (e) The pesticide application shall be made at times so as (i) Minimize public water use restrictions during week- ends, and (ii) Avoid public water use restrictions during the open- ing week of fishing season, Memorial Day weekend, Inde- pendence Day weekend, and Labor Day weekend; (f) Any additional conditions as may be prescribed by the director or his/her designee. (2) A short-term modification may be issued for the con- trol or eradication of noxious weeds identified as such in accordance with the state noxious weed control law, chapter 17 10 RCW, and Control of spartina and purple loosestrife, chapter 17.26 RCW Short-term modifications for noxious weed control shall be included in a water quality permit to. (11/18/97) issued in accordance with RCW 90.48.445, and the following requirements: (a) Water quality permits for noxious weed control may be issued to the Washington state department of agriculture (WSDA) for the purposes of coordinating and conducting noxious weed control activities consistent with their respon- sibilities under chapter 17.10 and 17.26 RCW Coordination may include noxious weed control activities identified in a WSDA integrated noxious weed management plan and con- ducted by individual landowners or land managers. (b) Water quality permits may also be issued to individ- ual landowners or land managers for noxious weed control activities where such activities are not covered by a WSDA integrated noxious weed management plan. (3) The turbidity critena established under WAC 173- 201A-030 shall be modified to allow a temporary mixing zone during and immediately after necessary in -water or shoreline construction activities that result in the disturbance of in-place sediments. A temporary turbidity mixing zone is subject to the constraints of WAC 173-201A-100 (4) and (6) and is authorized only after the activity has received all other necessary local and state permits and approvals, and after the implementation of appropriate best management practices to avoid or minimize disturbance of in-place sediments and exceedances of the turbidity criteria. A temporary turbidity mixing zone shall be as follows: (a) For waters up to 10 cfs flow at the time of construc- tion, the point of compliance shall be one hundred feet down- stream from activity causing the turbidity exceedance. (b) For waters above 10 cfs up to 100 cfs flow at the time of construction, the point of compliance shall be two hundred feet downstream of activity causing the turbidity exceedance. (c) For waters above 100 cfs flow at the time of construc- tion, the point of compliance shall be three hundred feet downstream of activity causing the turbidity exceedance (d) For projects working within or along lakes, ponds, wetlands, estuaries, marine waters or other nonflowing waters, the point of compliance shall be at a radius of one hundred fifty feet from activity causing the turbidity exceed- ance. [Statutory Authority- Chapter 90.48 RCW and 40 CFR 131 97-23.064 (Order 94-19), § 173-201A-110, filed 11/18/97, effective 12/19/97 Statuton Authority. Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173-201A- 110 filed 11/25/92, effective 12/26/921 WAC 173-201A-120 General classifications. General classifications applying to various surface water bodies not specifically classified under WAC 173-201A-130 or 173- 201A-140 are as follows: (1) All surface waters lying within national parks, national forests, and/or wilderness areas are classified Class AA or Lake Class. (2) All lakes and their feeder streams within the state are classified Lake Class and Class AA respectively, except for those feeder streams specifically classified otherwise. (3) All reservoirs with a mean detention time of greater than 15 days are classified Lake Class. (4) All reservoirs with a mean detention time of 15 days or less are classified the same as the river section in which they are located. [Ch. 173-201A WAC—p. 13] • 173-201A-130 Water Quality Standards -Surface Waters (5) All reservoirs established on preexisting lakes are classified as Lake Class. (6) All unclassified surface waters that are tributaries to Class AA waters are classified Class AA. All other unclassi- fied surface waters within the state are hereby classified Class A. [Statutory Authority- Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173- 201A-120, filed 11/25/92, effective 12/26/92.] WAC 173-2O1A-130 Specific classifications -Fresh- water. Specific fresh surface waters of the state of Washing- ton are classified as follows: (1) American River. (2) Big Quilcene River and tributaries. (3) Bumping River. (4) Burnt Bridge Creek. (5) Cedar River from Lake Washington to the Maple- wood Bridge (river mile 4 1). (6) Cedar River and tributaries from the Maplewood Bridge (river mile 4 1) to Landsburg Dam (river mile 21.6). (7) Cedar River and tributaries from Landsburg Dam (river mile 21.6) to headwaters. Special condition - no waste discharge will be permitted. (8) Chehalis River from upper boundary of Grays Har- bor at Cosmopolis (river mile 3.1, longitude 123°45'45" W) to Scammon Creek (river mile 65.8). (9) Chehalis River from Scammon Creek (river mile 65.8) to Newaukum River (river mile 75.2). Special condition - dissolved oxygen shall exceed 5.0 mg/L from June 1 to September 15 For the remainder of the year, the dissolved oxygen shall meet Class A criteria. (10) Chehalis River from Newaukum River (river mile 75.2) to Rock Creek (river mile 106.7). Chehalis River, from Rock Creek (river mile 106.7) to headwaters. (12) (13) (14) (15) (16) (17) (18) (19) Chehalis River, south fork. Chewuch River. Chiwawa River. Cispus River. Clearwater River. Cle Elum River. Cloquallum Creek. Clover Creek from outlet of Lake Spanaway to inlet of Lake Steilacoom. (20) Columbia River from mouth to the Washington - Oregon border (river mile 309.3). Special condi- tions - temperature shall not exceed 20.0°C due to human activities. When natural conditions exceed 20.0°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time, exceed 0.3°C due to any sin- gle source or 1 1 °C due to all such activities com- bined. Dissolved oxygen shall exceed 90 percent of saturation. Special condition - special fish passage exemption as described in WAC 173-201A-060 (4)(b). [Ch. 173-201A WAC -p. 14] Class AA Class AA Class AA Class A Class A Class AA Class AA Class A Class A Class A Class AA Class A Class AA Class AA Class AA Class A Class AA Class A Class A Class A (21) Columbia River from Washington -Oregon border (river mile 309.3) to Grand Coulee Dam (river mile 596.6). Special condition from Washington -Oregon border (river mile 309.3) to Priest Rapids Dam (river mile 397 1). Temperature shall not exceed 20.0°C due to human activities. When natural con- ditions exceed 20.0°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time, exceed t=34/(T+9). Special condition - special fish passage exemption as described in WAC 173-201A-060 (4)(b). (22) Columbia River from Grand Coulee Dam (river mile 596.6) to Canadian border (river mile 745.0). (23) Colville River. (24) Coweeman River from mouth to Mulholland Creek (river mile 18.4). (25) Coweeman River from Mulholland Creek (river mile 18.4) to headwaters. (26) Cowlitz River from mouth to base of Riffe Lake Dam (river mile 52.0). (27) Cowlitz River from base of Riffe Lake Dam (river mile 52.0) to headwaters. (28) Crab Creek and tributaries. (29) Decker Creek. (30) Deschutes River from mouth to boundary of Sno- qualmie National Forest (river mile 48.2). (31) Deschutes River from boundary of Snoqualmie National Forest (river mile 48.2) to headwaters. (32) Dickey River. (33) Dosewallips River and tributaries. (34) Duckabush River and tributaries. (35) Dungeness River from mouth to Canyon Creek (river mile 10.8). (36) Dungeness River and tributaries from Canyon Creek (river mile 10.8) to headwaters. (37) Duwamish River from mouth south of a line bear- ing 254° true from the NW corner of berth 3, termi- nal No. 37 to the Black River (river mile 11.0) (Duwamish River continues as the Green River above the Black River). (38) Elochoman River. (39) Elwha River and tributaries. (40) Entiat River from Wenatchee National Forest boundary (river mile 20.5) to headwaters. (41) Grande Ronde River from mouth to Oregon border (river mile 37). Special condition - temperature shall not exceed 20.0°C due to human activities. When natural conditions exceed 20.0°C, no tem- perature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time, exceed t=34/(T+9). (42) Grays River from Grays River Falls (river mile 15.8) to headwaters. (43) Green River (Cowlitz County). (44) Green River (King County) from Black River (river mile 11.0 and point where Duwamish River contin- ues as the Green River) to west boundary of Sec. 27-T21N-R6E (west boundary of Flaming Geyser State Park at river mile 42.3). Class A Class AA Class A Class A Class AA Class A Class AA Class B Class AA Class A Class AA Class A Class AA Class AA Class A Class AA Class B Class A Class AA Class AA Class A Class AA Class AA Class A (45) Green River (King County) from west boundary of Class AA Sec. 27-T21 N-R6E (west boundary of Flaming Geyser State Park, river mile 42.3) to west bound- ary of Sec. 13-T21 N-R7E (river mile 59 1). (11/18/97) • Water Quality Standards -Surface Waters 173-201A-130 (46) Green River and tributaries (King County) from west boundary of Sec. 13-T21 N-R7E (river mile 59 1) to headwaters. Special condition - no waste discharge will be permitted. (47) Hamma Hamma River and tributaries. (48) Hanaford Creek from mouth to east boundary of Sec. 25-T15N-R2W (river mile 4 1). Special condi- tion - dissolved oxygen shall exceed 6.5 mg/L. (49) Hanaford Creek from east boundary of Sec. 25- T15N-R2W (river mile 4 1) to headwaters. (50) Hoh River and tributaries. (51) Hoquiam River (continues as west fork above east fork) from mouth to river mile 9.3 (Dekay Road Bridge) (upper limit of tidal influence). (52) Humptulips River and tributaries from mouth to Olympic National Forest boundary on east fork (river mile 12.8) and west fork (river mile 40.4) (main stem continues as west fork). (53) Humptulips River, east fork from Olympic National Forest boundary (river mile 12.8) to head- waters. (54) Humptulips River, west fork from Olympic National Forest boundary (river mile 40 4) to head- waters. (55) Issaquah Creek. (56) Kalama River from lower Kalama River Falls (river mile 10.4) to headwaters. (57) Klickitat River from Little Klickitat River (river mile 19.8) to boundary of Yakima Indian Reserva- tion. (58) Lake Washington Ship Canal from Government Locks (river mile 1.0) to Lake Washington (river mile 8.6). Special condition - salinity shall not exceed one part per thousand (1 0 ppt) at any point or depth along a line that transects the ship canal at the University Bridge (river mile 6.1). (59) Lewis River, east fork, from Multon Falls (river mile 24.6) to headwaters. (60) Little Wenatchee River. (61) Methow River from mouth to Chewuch River (river mile 50.1). (62) Methow River from Chewuch River (river mile 50.1) to headwaters. (63) Mill Creek from mouth to 13th Street Bridge in Walla Walla (river mile 6.4). Special condition - dissolved oxygen concentration shall exceed 5.0 mg/L. (64) Mill Creek from 13th Street Bridge in Walla Walla (river mile 6.4) to Walla Walla Waterworks Dam (river mile 11.5) (65) Mill Creek and tributaries from city of Walla Walla Waterworks Dam (river mile 21.6) to headwaters. Special condition - no waste discharge will be per- mitted. (66) Naches River from Snoqualmie National Forest boundary (river mile 35 7) to headwaters. (67) Naselle River from Naselle "Falls" (cascade at river mile 18.6) to headwaters. (68) Newaukum River. (69) Nisqually River from mouth to Alder Dam (river mile 44.2). (70) Nisqually River from Alder Dam (river mile 44.2) to headwaters. (71) Nooksack River from mouth to Maple Creek (river mile 49 7). (72) Nooksack River from Maple Creek (river mile 49 7) to headwaters. (11/18/97) Class AA Class AA Class A Class A Class AA Class 13 Class A Class AA Class AA Class A Class AA Class AA Lake Class Class AA Class AA Class A Class AA Class B Class A Class AA Class AA Class AA Class A Class A Class AA Class A Class AA (73) Nooksack River, south fork, from mouth to Skoo- kum Creek (river mile 14.3). (74) Nooksack River, south fork, from Skookum Creek (river mile 14.3) to headwaters. (75) Nooksack River, middle fork. (76) Okanogan River. (77) Palouse River from mouth to south fork (Colfax, river mile 89.6). (78) Palouse River from south fork (Colfax, river mile 89.6) to Idaho border (river mile 123 4). Special condition - temperature shall not exceed 20.0°C due to human activities. When natural conditions exceed 20.0°C, no temperature increase will be allowed which will raise the receiving water tem- perature by greater than 0.3°C, nor shall such tem- perature increases, at any time, exceed t=34/(T+9). (79) Pend Oreille River from Canadian border (river mile 16.0) to Idaho border (river mile 87 7). Special condition - temperature shall not exceed 20.0°C due to human activities. When natural conditions exceed 20.0°C, no temperature increase will be allowed which will raise the receiving water tem- perature by greater than 0.3°C, nor shall such tem- perature increases, at any time, exceed t=34/(T+9). (80) Pilchuck River from city of Snohomish Water- works Dam (river mile 26.8) to headwaters. (81) Puyallup River from mouth to river mile 1.0. (82) Puyallup River from river mile 1.0 to Kings Creek (river mile 31.6). (83) Puyallup River from Kings Creek (river mile 31.6) to headwaters. (84) Queets River and tributaries. (85) Quillayute River. (86) Quinault River and tributaries. (87) Salmon Creek (Clark County). (88) Satsop River from mouth to west fork (river mile 6.4). (89) Satsop River, east fork. (90) Satsop River, middle fork. (91) Satsop River, west fork. (92) Skagit River from mouth to Skiyou Slough -lower end (river mile 25.6). (93) Skagit River and tributaries (includes Baker, Suak, Suiattle, and Cascade rivers) from Skiyou Slough - lower end, (river mile 25.6) to Canadian border (river mile 127 0). Special condition - Skagit River (Gorge by-pass reach) from Gorge Dam (river mile 96.6) to Gorge Powerhouse (river mile 94.2). Tem- perature shall not exceed 21 °C due to human activ- ities. When natural conditions exceed 21°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time, exceed t=34/(T+9). (94) Skokomish River and tributaries. (95) Skookumchuck River from Bloody Run Creek (river mile 21 4) to headwaters. (96) Skykomish River from mouth to May Creek (above Gold Bar at river mile 41.2). (97) Skykomish River from May Creek (above Gold Bar at river mile 41.2) to headwaters. (98) Snake River from mouth to Washington -Idaho - Oregon border (river mile 176.1). Special condi- tion: Class A Class AA Class AA Class A Class B Class A Class A Class AA Class B Class A Class AA Class AA Class AA Class AA Class A Class A Class AA Class AA Class AA Class A Class AA Class AA Class AA Class A Class AA [Ch. 173-201A WAC -p. 15] i • • 173-2O1A-130 Water Quality Standards -Surface Waters (a) Below Clearwater River (river mile 139.3). Tem- perature shall not exceed 20.0°C due to human activities. When natural conditions exceed 20.0°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time, exceed t=34/(T+9). Special condition - special fish passage exemption as described in WAC 173- 201A-060 (4)(b). (b) Above Clearwater River (river mile 139.3). Tem- perature shall not exceed 20.0°C due to human activities. When natural conditions exceed 20.0°C, no temperature increases will be allowed which will raise the receiving water temperature by- greater ygreater than 0.3°C, nor shall such temperature increases, at any time, exceed 0.3°C due to any sin- gle source or 1 1°C due to all such activities com- bined. (99) Snohomish River from mouth and east of longitude 122°13'40"W upstream to latitude 47°5630"N (southern tip of Ebey Island at river mile 8.1). Spe- cial condition - fecal coliform organism levels shall both not exceed a geometric mean value of 200 col- onies/100 mL and not have more than 10 percent of the samples obtained for calculating the mean value exceeding 400 colonies/100 mL. (100) Snohomish River upstream from latitude 47°56'30"N (southern tip of Ebey Island river mile 8.1) to confluence with Skykomish and Sno- qualmie River (river mile 20.5). (101) Snoqualmie River and tributaries from mouth to west boundary of Twin Falls State Park on south fork (river mile 9 1). (102) Snoqualmie River, middle fork. (103) Snoqualmie River, north fork. (104) Snoqualmie River, south fork, from west boundary of Twin Falls State Park (river mile 9 1) to head- waters. (105) Soleduck River and tributaries. (106) Spokane River from mouth to Long Lake Dam (river mile 33.9). Special condition - temperature shall not exceed 20.0°C due to human activities. When natural conditions exceed 20.0°C, no tem- perature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time, exceed t=34/(T+9) (107) Spokane River from Long Lake Dam (river mile 33 9) to Nine Mile Bridge (river mile 58.0). Special conditions: (a) The average euphotic zone concentration of total phosphorus (as P) shall not exceed 2511g/L during the period of June 1 to October 31 (b) Temperature shall not exceed 20.0°C, due to human activities. When natural conditions exceed 20.0°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time exceed t=34/(T+9). (108) Spokane River from Nine Mile Bridge (river mile 58.0) to the Idaho border (river mile 96.5). Temper- ature shall not exceed 20.0°C due to human activi- ties. When natural conditions exceed 20.0°C no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time exceed t=34/(T+9). [Ch. 173-201A WAC -p. 16] Class A Class A Class A Class A Class AA Class AA Class AA Class AA Class A Lake Class Class A (109) Stehekin River. (110) Stillaguamish River from mouth to north and south forks (river mile 17.8). (111) Stillaguamish River, north fork, from mouth to Squire Creek (river mile 31.2). (112) Stillaguamish River, north fork, from Squire Creek (river mile 31.2) to headwaters. (113) Stillaguamish River, south fork, from mouth to Canyon Creek (river mile 33.7). (114) Stillaguamish River, south fork, from Canyon Creek (river mile 33 7) to headwaters. (115) Sulphur Creek. (116) Sultan River from mouth to Chaplain Creek (river mile 5.9). (117) Sultan River and tributaries from Chaplain Creek (river mile 5.9) to headwaters. Special condition - no waste discharge will be permitted above city of Everett Diversion Dam (river mile 9 4). (118) Sumas River from Canadian border (river mile 12) to headwaters (river mile 23). (119) Tieton River. (120) Tolt River, south fork and tributaries from mouth to west boundary of Sec. 31-T26N-R9E (river mile 6.9). (121) Tolt River, south fork from west boundary of Sec. 31-T26N-R9E (river mile 6.9) to headwaters. Spe- cial condition - no waste discharge will be permit- ted. (122) Touchet River. north fork from Dayton water intake structure (river mile 3.0) to headwaters. (123) Toutle River, north fork, from Green River to head- waters. (124) Toutle River, south fork. (125) Tucannon River from Umatilla National Forest boundary (river mile 38.1) to headwaters. (126) Twisp River. (127) Union River and tributaries from Bremerton Water- works Dam (river mile 6.9) to headwaters. Special condition - no waste discharge will be permitted. (128) Walla Walla River from mouth to Lowden (Dry Creek at river mile 27.2). (129) Walla Walla River from Lowden (Dry Creek at river mile 27.2) to Oregon border (river mile 40). Special condition - temperature shall not exceed 20.0°C due to human activities. When natural con- ditions exceed 20.0°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time, exceed t=34/(T+9). (130) Wenatchee River from Wenatchee National Forest boundary (river mile 27 1) to headwaters. (131) White River (Pierce -King counties) from Mud Mountain Dam (river mile 27 1) to headwaters. (132) White River (Chelan County). (133) Wildcat Creek. (134) Willapa River upstream of a line bearing 70° true through Mailboat Slough light (river mile 1.8). (135) Wishkah River from mouth to river mile 6 (SW 1/4 SW 1/4 NE 1/4 Sec. 21-T18N-R9W). (136) Wishkah River from river mile 6 (SW 1/4 SW 1/4 NE 1/4 Sec. 21-T18N-R9W) to west fork (river mile 17 7). (137) Wishkah River from west fork of Wishkah River (river mile 17 7) to south boundary of Sec. 33- T2IN-R8W (river mile 32.0). Class AA Class A Class A Class AA Class A Class AA Class B Class A Class AA Class A Class AA Class AA Class AA Class AA Class AA Class AA Class AA Class AA Class AA Class 13 Class A Class AA Class AA Class AA Class A Class A Class B Class A Class AA (11/18/97) Water Quality Standards—Surface Waters 173 -201A -J60 (138) Wishkah River and tributaries from south boundary Class AA of Sec. 33-T21 N-R8W (river mile 32.0) to headwa- ters. Special condition - no waste discharge will be permitted. (139) Wynoochee River from mouth to Olympic National Class A Forest boundary (river mile 45.9). (140) Wynoochee River from Olympic National Forest Class AA boundary (river mile 45.9) to headwaters. (141) Yakima River from mouth to Cle Elum River (river Class A mile 185.6). Special condition - temperature shall not exceed 21 0°C due to human activities. When natural conditions exceed 21.0°C, no temperature increase will be allowed which will raise the receiv- ing water temperature by greater than 0.3°C, nor shall such temperature increases, at any time, exceed t=34/(T+9). (142) Yakima River from Cle Elum River (river mile Class AA 185.6) to headwaters. [Statutory Authority- Chapter 90.48 RCW and 40 CFR 131 97-23-064 (Order 94-19), § 173-201A-130, filed 11/18/97, effective 12/19/97 Statutory Authority. Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173-201A-130, filed 11/25/92, effective 12/26/92.] WAC 173-201A-140 Specific classifications—Marine water. Specific marine surface waters of the state of Wash- ington are classified as follows. (1) Budd Inlet south of latitude 47°04'N (south of Priest Point Park) (2) Coastal waters: Pacific Ocean from Ilwaco to Cape Flattery (3) Commencement Bay south and east of a line bearing 258° true from "Brown's Point" and north and west of line bearing 225° true through the Hylebos waterway light. (4) Commencement Bay, inner, south and east of a line bearing 225° true through Hylebos waterway light except the city waterway south and east of south 11th Street. (5) Commencement Bay, city waterway south and east of south 11th Street. (6) Drayton Harbor, south of entrance. (7) Dyes and Sinclair Inlets west of longitude 122°37'W (8) Elliott Bay east of a line between Pier 91 and Duwamish head. (9) Everett Harbor, inner, northeast of a line bearing 121° true from approximately 47°59'5"N and 122°13'44"W (southwest corner of the pier). (10) Grays Harbor west of longitude 123°59'W (1 1) Grays Harbor east of longitude 123°59'W to lon- gitude 123°45'45"W (Cosmopolis Chehalis River, river mile 3 1). Special condition -dis- solved oxygen shall exceed 5.0 mg/L. (12) Guemes Channel, Padilla, Samish and Belling- ham Bays east of longitude 122°39'W and north of latitude 48°27'20"N. (13) Hood Canal. (14) Mukilteo and all North Puget Sound west of lon- gitude 122°39' W (Whidbey, Fidalgo, Guemes and Lummi islands and State Highway 20 Bridge at Deception Pass), except as otherwise noted. (15) Oakland Bay west of longitude 123°05'W (inner Shelton harbor). (11/18/97) Class B Class AA Class A Class B Class C Class A Class A Class A Class B Class A Class B Class A Class AA Class AA Class B (16) Port Angeles south and west of a line bearing 152° true from buoy "2" at the tip of Ediz Hook. (17) Port Gamble south of latitude 47°51'20"N. (I 8) Port Townsend west of a line between Point Hud- son and Kala Point. (19) Possession Sound, south of latitude 47°57'N. (20) Possession Sound, Port Susan, Saratoga Passage, and Skagit Bay east of Whidbey Island and State Highway 20 Bridge at Deception Pass between latitude 47°57'N (Mukilteo) and latitude 48°27'20"N (Similk Bay), except as otherwise noted. (21) Puget Sound through Admiralty Inlet and South Puget Sound, south and west to longitude 122°52'30"W (Brisco Point) and longitude 122°51'W (northern tip of Hartstene Island). (22) Sequim Bay southward of entrance. (23) South Puget Sound west of longitude 122°52'30"W (Brisco Point) and longitude 122°51'W (northern tip of Hartstene Island, except as otherwise noted). (24) Strait of Juan de Fuca. (25) Totten Inlet and Little Skookum Inlet, west of longitude 122°56'32" (west side of Steamboat Island). (26) Willapa Bay seaward of a line bearing 70° true through Mailboat Slough light (Willapa River, river mile 1.8). Class A Class A Class A Class AA Class A Class AA Class AA Class A Class AA Class AA Class A [Statutory Authority- Chapter 90.48 RCW and 40 CFR 131 97-23-064 (Order 94-19), § I73 -201A-140, filed 11/18/97, effective 12/19/97 Statutory Authority. Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173-201A-140, filed 11/25/92, effective 12/26/92.] WAC 173-201A-150 Achievement considerations. 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 fed- eral 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 treat- ment and discharge provisions of state or federal law [Statutory Authority. Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173- 201A-150, filed 11/25/92, effective 12/26/92.] WAC 173-201A-160 Implementation. (1) Discharges from municipal, commercial, and industrial operations. The primary means to be used for controlling municipal, commercial, and industnal waste discharges shall be through the issuance of waste disposal permits, as provided for in RCW 90 48.160, 90 48 162, and 90.48.260 (2) Miscellaneous waste discharge or water quality effect sources. The director shall, through the issuance of regulatory permits, directives, and orders, as are appropriate, [Ch. 173-201A WAC—p. 17] • • • 173-201A-170 Water Quality Standards—Surface Waters control miscellaneous waste discharges and water quality effect sources not covered by subsection (1) of this section. (3) Nonpoint source and storm water pollution. (a) Activities which generate nonpoint source pollution shall be conducted so as to comply with the water quality standards. The pnmary means to be used for requiring com- pliance with the standards shall be through best management practices required in waste discharge permits, rules, orders, and directives issued by the department for activities which generate nonpoint source pollution. (b) Best management practices shall be applied so that when all appropriate combinations of individual best man- agement practices are utilized, violation of water quality cri- teria shall be prevented. If a discharger is applying all best management practices appropriate or required by the depart- ment and a violation of water quality critena occurs, the dis- charger shall modify existing practices or apply further water pollution control measures, selected or approved by the department, to achieve compliance with water quality crite- ria. Best management practices established in permits, orders, rules, or directives of the department shall be reviewed and modified, as appropriate, so as to achieve com- pliance with water quality criteria. (c) Activities which contribute to nonpoint source pollu- tion shall be conducted utilizing best management practices to prevent violation of water quality criteria. When applicable best management practices are not being implemented, the department may conclude individual activities are causing pollution in violation of RCW 90.48.080. In these situations, the department may pursue orders, directives, permits, or civil or criminal sanctions to gain compliance with the stan- dards. (d) Activities which cause pollution of storm water shall be conducted so as to comply with the water quality stan- dards. The primary means to be used for requiring compli- ance with the standards shall be through best management practices required in waste discharge permits, rules, orders, and directives issued by the department for activities which generate storm water pollution. The consideration and con- trol procedures in (b) and (c) of this subsection apply to the control of pollutants in storm water (4) Allowance for compliance schedules. (a) Permits, orders, and directives of the department for existing discharges may include a schedule for achieving compliance with water quality criteria contained in this chap- ter Such schedules of compliance shall be developed to ensure final compliance with all water quality -based effluent limits in the shortest practicable time. Decisions regarding whether to issue schedules of compliance will be made on a case-by-case basis by the department. Schedules of compli- ance may not be issued for new discharges. Schedules of compliance may be issued to allow for: (i) construction of necessary treatment capability; (ii) implementation of neces- sary best management practices; (iii) implementation of addi- tional storm water best management practices for discharges determined not to meet water quality criteria following implementation of an initial set of best management prac- tices; (iv) completion of necessary water quality studies, or (v) resolution of a pending water quality standards' issue through rule-making action. [Ch. 173-201A WAC—p. 18] (b) For the period of time during which compliance with water quality critena is deferred, interim effluent limitations shall be formally established, based on the best professional judgment of the department. Intenm effluent limitations may be numeric or nonnumeric (e.g., construction of necessary facilities by a specified date as contained in an ecology order or permit). (c) Prior to establishing a schedule of compliance, the department shall require the discharger to evaluate the possi- bility of achieving water quality critena via nonconstruction changes (e.g., facility operation, pollution prevention). Schedules of compliance may in no case exceed ten years, and shall generally not exceed the term of any permit. [Statutory Authority• Chapter 90.48 RCW and 40 CFR 131 97-23-064 (Order94-19), § 173-201A-160, filed 11/18/97, effective 12/19/97 Statutory Authority. Chapter 90.48 RCW '92-24-037 (Order 92-29), § 173-201A-160, filed 11/25/92, effective 12/26/92.] WAC 173-201A-170 Surveillance. A continuing sur- veillance 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 character- istics. (3) Monitonng receiving water quality [Statutory Authority Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173- 201A-170, filed 11/25/92, effective 12/26/92.] WAC 173-201A-180 Enforcement. To insure that the provisions of chapter 90.48 RCW, the standards for water quality promulgated herein, the terms of waste disposal per- mits, 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 attor- ney general as it deems appropnate: (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 pro- vided for in RCW 90.48.240. [Statutory Authority Chapter 90.48 RCW 92-24-037 (Order 92-29), § 173- 201 A-180, filed 11/25/92, effective 12/26/92.] (11/18/97) • • • WAC 173-204-100 173-204-110 173-204-120 173-204-130 173-204-200 173-204-300 173-204-310 173-204-315 173-204-320 173-204-330 173-204-340 173-204-350 173-204-400 173-204-410 Chapter 173-204 WAC SEDIMENT MANAGEMENT STANDARDS PART I—GENERAL INFORMATION Authority and purpose. Applicability Antidegradation and designated use policies. Administrative policies. PART 11—DEFINITIONS Definitions. PART IIi—SEDIMENT QUALITY STANDARDS Purpose. Sediment quality standards designation procedures. Confirmatory marine sediment biological tests. Marine sediment quality standards. Low salinity sediment quality standards. Freshwater sediment quality standards. Sediment quality standards inventory PART IV—SEDIMENT SOURCE CONTROL General considerations. Sediment quality goal and sediment impact zone appli- cability Marine finfish rearing facilities. Sediment impact zones. Sediment impact zone maximum criteria. 173-204-412 173-204-415 173-204-420 PART V—SEDIMENT CLEANUP STANDARDS 173-204-500 173-204-510 173-204-520 173-204-530 173-204-540 173-204-550 173-204-560 173-204-570 173-204-580 173-204-590 Sediment cleanup decision process and policies. Screening sediment station clusters of potential concem. Cleanup screening levels criteria. Hazard assessment and site identification. Ranking and list of sites. Types of cleanup and authority Cleanup study Sediment cleanup standards. Cleanup action decision. Sediment recovery zones. PART VI—SAMPLING AND TESTING PLANS/RECORDKEEPING 173-204-600 Sampling and testing plan standards. 173-204-610 Records management. 173-204-620 Severability PART I—GENERAL INFORMATION WAC 173-204-100 Authority and purpose. (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 man- agement standards for the state of Washington. (2) The purpose of this chapter is to reduce and ulti- mately 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 sedi- ments, (12/29/95) (b) Applying these standards as the basis for manage- ment and reduction of pollutant discharges; and (c) Providing a management and decision process for the cleanup of contaminated sediments. (3) Part III, Sediment quality standards of this chapter provides chemical concentration criteria, biological effects criteria, human health criteria, and other toxic, radioactive, biological, or deleterious substances criteria which identify surface sediments that have no adverse effects, including no acute or chronic adverse effects on biological resources and no significant health risk to humans, as defined in this regula- tion. The sediment quality standards provide a regulatory and management goal for the quality of sediments throughout the state. (4) The sediment criteria of WAC 173-204-320 through 173-204-340 shall constitute surface sediment quality stan- dards and be used to establish an inventory of surface sedi- ment sampling stations where the sediments samples taken from these stations are determined to pass or fail the applica- ble sediment quality standards. (5) Part IV, Sediment source control standards of this chapter shall be used as a basis for controlling the effects of point and nonpoint source discharges to sediments through the National Pollutant Discharge Elimination System (NPDES) federal permit program, state water quality man- agement permit programs, issuance of administrative orders or other means determined appropriate by the department. The source control standards establish discharge sediment monitoring requirements and criteria for establishment and maintenance of sediment impact zones. (6) Part V, Sediment cleanup standards of this chapter establishes administrative procedural requirements and crite- ria to identify, screen, rank and prioritize, and cleanup con- taminated surface sediment sites. The sediment cleanup stan- dards of WAC 173-204-500 through 173-204-590 shall be used pursuant to authorities established under chapters 90 48 and 70.105D RCW. (7) This chapter establishes and defines a goal of minor adverse effects as the maximum level of sediment contamina- tion allowed in sediment impact zones under the provisions of Part IV, Sediment source control standards and as the cleanup screening levels for identification of sediment cleanup sites and as the minimum cleanup levels to be achieved in all cleanup actions under Part V, Sediment cleanup standards. (8) Local ordinances establishing requirements for the designation and management of marine, low salinity and freshwater sediments shall not be less stringent than this chapter. Note: All codes, standards, statutes, rules or regulations cited in this chapter are available for inspection at the Department of Ecology, P.O Box 47703, Olympia, Washington 98504- 7703. [Ch. 173-204 WAC—p. 11 173-204-110 Sediment Management Standards [Statutory Authority- RCW 90 48.220 96-02-058, § 173-204-100, filed 12/29/95, effective 1/29/96. Statutory Authority Chapters 43 21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-100, filed 3/27/91, effective 4/27/91 ] WAC 173-204-110 Applicability. (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 173-204-580 shall apply to all surface sediments. (2) The sediment quality standards of WAC 173-204- 320, 173-204-330, and 173-204-340 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 sedi- ments 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 173-204-580 where the selected cleanup action leaves in place marine, low salinity, or fresh- water sediments that exceed the applicable sediment quality standards of WAC 173-204-320 through 173-204-340. (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 dis- charge. (6) Nothing in this chapter shall constrain the depart- ment's authority to make appropriate sediment management decisions on a case -specific basis using best professional judgment and latest scientific knowledge for cases where the standards of this chapter are reserved or standards are not available. [Statutory Authority• Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-110, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-120 Antidegradation and designated use policies. (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 pro- tected 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 sce- nic 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 [Ch. 173-204 WAC—p. 2] 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 consider- ations of the public interest will be served, (ii) All wastes and other materials and substances pro- posed for discharge that may contaminate such sediments are provided with all known, available and reasonable methods of prevention, control, and treatment and/or best manage- ment practices; (iii) The reduction of existing surface sediment quality is authorized by the department; and (iv) Existing beneficial uses are maintained and pro- tected, 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. (2) Designated use policy. The policy of the department and the purpose of this chapter shall be to manage waste dis- charges and sediment quality so as to protect existing benefi- cial uses and move towards attainment of designated benefi- cial uses as specified in section 101 (a)(2) of the federal Clean Water Act (33 USC 1251, et seq.) and chapter 173-201 WAC, the Water quality standards for surface waters of the state of Washington. This policy is applicable to any person's existing or proposed actions which may affect surface sedi- ment quality [Statutory Authority- Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-120, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-130 Administrative policies. The department shall implement this chapter in accordance with the following policies: (1) The department shall seek to implement, and as nec- essary modify this chapter to protect biological resources and human health consistent with WAC 173-204-100(2) To implement the intent of this subsection, the department shall use methods that accurately reflect the latest scientific knowl- edge consistent with the definitions contained in WAC 173- 204-200 (14) and (15), as applicable. (2) At the interface between surface sediments, ground water or surface water, the applicable standards shall depend on which beneficial use is or could be adversely affected, as determined by the department. If beneficial uses of more than one resource are affected, the most restrictive standards shall apply. (3) It shall be the goal of the department to modify this chapter so that methods such as confirmatory biological tests, sediment impact zone models, use of contaminated sediment site ranking models, etc., continue to accurately reflect the latest scientific knowledge as established through ongoing validation and refinement. (4) Any person or the department may propose an alter- nate technical method to replace or enhance the application of a specific technical method required under this chapter Using best professional judgment, the department shall pro - (12/29/95) 1 i • Sediment Management Standards 173-204-200 vide advance review and approval of any alternate technical method proposed prior to its application. Application and use of alternate technical methods shall be allowed when the department determines that the technical merit of the result- ing decisions will improve the department's ability to imple- ment and meet the intent of this chapter as described in WAC 173-204-100(2), and will remain consistent with the scien- tific intent of definitions contained in WAC 173-204-200 (14) and (15). The department shall maintain a record of the department's decisions concerning application for use of alternate technical methods pursuant to this subsection. The record shall be made available to the public on request. (5) Intergovernmental coordination. The department shall ensure appropriate coordination and consultation with federally recognized Indian tribes and local, state, and federal agencies to provide information on and to implement this chapter. (6) The department shall conduct an annual review of this chapter, and modify its provisions every three years, or as necessary. Revision to this chapter shall be made pursuant to the procedures established within chapter 34 05 RCW, the Administrative Procedure Act. (7) Review of scientific information When evaluating this chapter for necessary revisions, the factors the depart- ment shall consider include: (a) New or additional scientific information which is available relating surface sediment chemical quality to acute or chronic adverse effects on biological resources as defined in WAC 173-204-200 (1) and (7); (b) New or additional scientific information which is available relating human health risk to manne, low salinity, or freshwater surface sediment chemical contaminant levels; (c) New or additional scientific information which is available relating levels of other toxic, radioactive, biological and deleterious substances in marine, low salinity, or fresh- water sediments to acute or chronic adverse effects on biolog- ical resources, or to a significant health risk to humans; (d) New state or federal laws which have established environmental or human health protection standards applica- ble to surface sediment; or (e) Scientific information which has been identified for addition, modification or deletion by a scientific review pro- cess established by the department. (8) Public involvement and education. The goal of the department shall be to provide timely information and mean- ingful opportunities for participation by the public in the annual review conducted by the department under subsection (6) of this section, and any modification of this chapter. To meet the intent of this subsection the department shall. (a) Provide public notice of the department's decision regarding the results of its annual review of this chapter, including: (i) The department's findings for the annual review fac- tors identified in subsection (7) of this section; (ii) The department's decision regarding the need for modification of this chapter based on its annual review; and (iii) Identification of a time period for public opportunity to comment on the department's findings and decisions pur- suant to this subsection. (12/29/95) (b) Provide public notice by mail or by additional proce- dures determined necessary by the department which may include. (i) Newspaper publication; (ii) Other news media, (iii) Press releases; (iv) Fact sheets; (v) Publications; (vi) Any other method as determined by the department. (c) Conduct public meetings as determined necessary by the department to educate and inform the public regarding the department's annual review determinations and decisions. (d) Comply with the rule making and public participation requirements of chapter 34.05 RCW, the Administrative Pro- cedure Act, for any revisions to this chapter. (9) Test sediments evaluated for compliance with the sediment quality standards of WAC 173-204-320 through 173-204-340 and/or the sediment impact zone maximum cri- teria of WAC 173-204-420 and/or the cleanup screening lev- els criteria of WAC 173-204-520 shall be sampled and ana- lyzed using the Puget Sound Protocols or other methods approved by the department. Determinations made pursuant to this chapter shall be based on sediment chemical and/or biological data that were developed using an appropriate quality assurance/quality control program, as determined by the department. (10) The statutory authority for decisions under this chapter shall be clearly stated in the decision documents pre- pared pursuant to this chapter The department shall under- take enforcement actions consistent with the stated authority under which the action is taken. The process for judicial review of these decisions shall be pursuant to the statutes under which the action is being taken. (11) When the department identifies this chapter as an applicable, or relevant and appropriate requirement for a fed- eral cleanup action under the Comprehensive Environmental Response, Compensation and Liability Act, the department shall identify the entire contents of this chapter as the appro- priate state requirement. [Statutory Authority- RCW 90 48220. 96-02-058, § 173-204-130, filed 12/29/95, effective 1/29/96 Statutory Authority Chapters 43 21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-130, filed 3/27/91, effective 4/27/91 ] PART II—DEFINITIONS WAC 173-204-200 Definitions. For the purpose of this chapter, the following definitions shall apply. (1) "Acute" means measurements of biological effects using surface sediment bioassays conducted for time periods that are relatively short in comparison to the life cycle of the test organism. Acute effects may include mortality, larval abnormality, or other endpoints determined appropriate by the department. (2) "Amphipod" means crustacean of the Class Amphi- poda, e g , Rhepoxynius abronius, Ampelisca abdita, or Eohaustorius estuaries. (3) "Appropriate biological tests" means only tests designed to measure directly, or through established predic- tive capability, biologically significant adverse effects to the [Ch. 173-204 WAC—p. 3] 173-204-200 Sediment Management Standards established or potential benthic or aquatic resources at a given location, as determined by rule by the department. (4) "Beneficial uses" means uses of waters of the state which include but are not limited to use for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, rec- reation, generation of electric power, and preservation of environmental and aesthetic values, and all other uses com- patible with the enjoyment of the public waters of the state. (5) "Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface sediments of the state. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or water disposal, or drainage from raw matenal stor- age. (6) "Bioassay" means a test procedure that measures the response of living plants, animals, or tissues to a sediment sample. (7) "Chronic" means measurements of biological effects using sediment bioassays conducted for, or simulating, pro- longed exposure periods of not less than one complete life cycle, evaluations of indigenous field organisms for long- term effects, assessment of biological effects resulting from bioaccumulation and biomagnification, and/or extrapolated values or methods for simulating effects from prolonged exposure periods. Chronic effects may include mortality, reduced growth, impaired reproduction, histopathological abnormalities, adverse effects to birds and mammals, or other endpoints determined appropriate by the department. (8) "Contaminated sediment" means surface sediments designated under the procedures of WAC 173-204-310 as exceeding the applicable sediment quality standards of WAC 173-204-320 through 173-204-340 (9) "Control sediment sample" means a surface sediment sample which is relatively free of contamination and is phys- ically and chemically characteristic of the area from which bioassay test animals are collected. Control sediment sample bioassays provide information concerning a test animal's tol- erance for stress due to transportation, laboratory handling, and bioassay procedures. Control sediment samples cannot exceed the applicable sediment quality standards of WAC 173-204-320 through 173-204-340. (10) "Department" means the department of ecology (11) "Freshwater sediments" means surface sediments in which the sediment pore water contains less than or equal to 0.5 parts per thousand salinity. (12) "Low salinity sediments" means surface sediments in which the sediment pore water contains greater than 0.5 parts per thousand salinity and less than 25 parts per thousand salinity. (13) "Manne finfish rearing facilities" shall mean those private and public facilities located within state waters where finfish are fed, nurtured, held, maintained, or reared to reach the size of release or for market sale. (14) "Marine sediments" means surface sediments in which the sediment pore water contains 25 parts per thousand salinity or greater [Ch. 173-204 WAC -p. 4] (15) "Minor adverse effects" means a level of effects that: (a) Has been determined by rule by the department, except in cases subject to WAC 173-204-110(6); and (b) Meets the following criteria: (i) An acute or chronic adverse effect to biological resources as measured by a statistically and biologically sig- nificant response relative to reference in no more than one appropriate biological test as defined in WAC 173-204- 200(3); or (ii) A statistically and biologically significant response that is significantly elevated relative to reference in any appropriate biological test as defined in WAC 173-204- 200(3), or (iii) Biological effects per (b)(i) or (ii) of this subsection as predicted by exceedance of an appropriate chemical or other deleterious substance standard, except where the pre- diction is overridden by direct biological testing evidence pursuant to (b)(i) and (ii) of this subsection; and (c) Does not result in significant human health risk as predicted by exceedance of an appropriate chemical, biologi- cal, or other deleterious substance standard. (16) "No adverse effects" means a level of effects that: (a) Has been determined by rule by the department, except in cases subject to WAC 173-204-110(6); and (b) Meets the following biological criteria: (i) No acute or chronic adverse effects to biological resources as measured by a statistically and biologically sig- nificant response relative to reference in any appropriate bio- logical test as defined in WAC 173-204-200(3); and (ii) No acute or chronic adverse biological effect per (b)(i) of this subsection as predicted by exceedance of an appropriate chemical or other deleterious substance standard, except where the prediction is overridden by direct biological testing evidence pursuant to (b)(i) of this subsection; and (iii) Does not result in significant human health risk as predicted by exceedance of an appropnate chemical, biologi- cal, or other deletenous substance standard. (17) "Other toxic, radioactive, biological, or deleterious substances" means contaminants which are not specifically identified in the sediment quality standards chemical criteria of WAC 173-204-320 through 173-204-340 (e.g., organic debris, tributyltin, DDT, etc.). (18) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commer- cial entity, industry, private corporation, port district, special purpose district, irrigation district, unit of local government, state government agency, federal government agency, Indian tribe, or any other entity whatsoever (19) "Practicable" means able to be completed in consid- eration of environmental effects, technical feasibility and cost. (20) "Puget Sound basin" or "Puget Sound" means: (a) Puget Sound south of Admiralty Inlet, including Hood Canal and Saratoga Passage; (b) The waters north to the Canadian border, including portions of the Strait of Georgia; (c) The Strait of Juan de Fuca south of the Canadian bor- der; and (12/29/95) Sediment Management Standards 173-204-310 (d) All the lands draining into these waters as mapped in water resources inventory areas numbers 1 through 19, set forth in water resources management program established pursuant to the Water Resources Act of 1971, chapter 173- 500 WAC. (21) "Puget Sound protocols" means Puget Sound Estu- ary Program. 1986. As amended. Recommended Protocols for Measuring Selected Environmental Variables in Puget Sound, U.S. Environmental Protection Agency, Region 10, Seattle, WA (looseleaf). (22) "Reference sediment sample" means a surface sedi- ment sample which serves as a laboratory indicator of a test animal's tolerance to important natural physical and chemical characteristics of the sediment, e.g., grain size, organic con- tent. Reference sediment samples represent the nonanthropo- genically affected background surface sediment quality of the sediment sample. Reference sediment samples cannot exceed the applicable sediment quality standards of WAC 173-204- 320 through 173-204-340 (23) "Sediment impact zone" means an area where the applicable sediment quality standards of WAC 173-204-320 through 173-204-340 are exceeded due to ongoing permitted or otherwise authorized wastewater, storm water, or nonpoint source discharges and authorized by the department within a federal or state wastewater or storm water discharge permit, or other formal department authorization. (24) "Sediment recovery zone" means an area where the applicable sediment quality standards of WAC 173-204-320 through 173-204-340 are exceeded as a result of historical discharge activities, and authorized by the department as a result of a cleanup decision made pursuant to WAC 173-204- 580, Cleanup action decision. (25) "Site units" means discrete subdivisions of an indi- vidual contaminated sediment site that are being evaluated for the purpose of establishing cleanup standards. Site units are based on consideration of unique locational, environmen- tal, spatial, or other conditions determined appropnate by the department, e.g., cleanup under piers, cleanup in eelgrass beds, cleanup in navigational lanes. (26) "Surface sediments" or "sediment(s)" means settled particulate matter located in the predominant biologically active aquatic zone, or exposed to the water column. Sedi- ment(s) also includes settled particulate matter exposed by human activity (e.g., dredging) to the biologically active aquatic zone or to the water column. (27) "Test sediment" means a sediment sample that is evaluated for compliance with the sediment quality standards of WAC 173-204-320 through 173-204-340 and/or the sedi- ment impact zone maximum criteria of WAC 173-240-420 and/or the cleanup screening levels criteria of WAC 173- 204-520. [Statutory Authority- RCW 90 48.220. 96-02-058, § 173-204-200, filed 12/29/95, effective 1/29/96 Statutory Authority Chapters 43 21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-200, filed 3/27/91, effective 4/27/91 ] PART III—SEDIMENT QUALITY STANDARDS WAC 173-204-300 Purpose. The sediment quality standards of WAC 173-204-320 through 173-204-340 include chemical concentration cntena, biological effects cri- (12/29/95) teria, human health criteria, other toxic, radioactive, biologi- cal, or deleterious substances criteria, and nonanthropogeni- cally affected sediment quality criteria which are used to identify sediments that have no adverse effects on biological resources, and correspond to no significant health risk to humans. Designation determinations using the sediment quality standards of WAC 173-204-320 through 173-204- 340 shall be conducted as stipulated in WAC 173-204-310, Sediment quality standards designation procedures. [Statutory Authority- Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-300, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-310 Sediment quality standards desig- nation procedures. Any person may use these procedures to determine a sediment's designation using the applicable sedi- ment quality standards of WAC 173-204-320 through 173- 204-340. Any person who designates test sediments using the procedures of this section shall meet the sampling and testing plan requirements of WAC 173-204-600 and records man- agement requirements of WAC 173-204-610 Test sediments designated using the procedures of this section shall be sam- pled and analyzed using the Puget Sound protocols or other methods approved by the department, and shall use an appro- priate quality assurance/quality control program, as deter- mined by the department. A sediment sample that passes the initial designation procedures is designated as complying with the applicable sediment quality standards of WAC 173- 204-320 through 173-204-340, until such time as any person or the department confirms the sediment designation as fail- ing the applicable sediment quality standards of WAC 173- 204-320 through 173-204-340. A sediment sample that fails the initial designation procedures is designated as not com- plying with the applicable sediment quality standards of WAC 173-204-320 through 173-204-340, until such time as any person or the department confirms the sediment designa- tion as passing the applicable sediment quality standards of WAC 173-204-320 through 173-204-340 A sediment sam- ple that passes or fails the confirmatory designation proce- dures is designated as such under the procedures of WAC 173-204-310. Sediments shall be designated with the applica- ble sediment quality standards of WAC 173-204-320 through 173-204-340 as follows: (1) Initial designation. Sediments that have been chemi- cally analyzed for the applicable chemical concentration cri- teria of WAC 173-204-320 through 173-204-340 shall be designated as follows: (a) Sediments with chemical concentrations equal to or less than all the applicable chemical and human health crite- ria are designated as having no adverse effects on biological resources, and not posing a significant health threat to humans, and pass the applicable sediment quality standards of WAC 173-204-320 through 173-204-340. (b) Sediments with chemical concentrations which exceed any one applicable chemical or human health crite- rion in WAC 173-204-320 through 173-204-340 are desig- nated as having adverse effects on biological resources or posing significant human health threats, and fail the sediment quality standards of WAC 173-204-320 through 173-204- 340, pending confirmatory designation. [Ch. 173-204 WAC—p. 5] 173-204-315 Sediment Management Standards (2) Confirmatory designation. Any person or the depart- ment may confirm the designation of sediments which have either passed or failed initial designation procedures listed in subsection (1) of this section using the applicable biological testing of WAC 173-204-315, as required below. Sediment samples that pass all the required confirmatory biological tests are designated as passing the applicable sediment qual- ity standards of WAC 173-204-320 through 173-204-340, notwithstanding the sediment's previous initial designation under subsection (1) of this section. Any sediment sample which fails any one of the required confirmatory biological tests shall be designated as failing the applicable sediment quality standards of WAC 173-204-320 through 173-204- 340, notwithstanding the sediment's previous initial designa- tion under subsection (1) of this section. The confirmatory biological test standards are described below (a) To confirm the designation of a sediment which either passed or failed any applicable chemical concentration criterion established in WAC 173-204-320 through 173-204- 340, the sediment shall be tested for (i) Two of the acute effects biological tests described in the applicable standards of WAC 173-204-315; and (ii) One of the chronic effects biological tests described in the applicable standards of WAC 173-204-315. (b) Sediments with chemical concentrations which either passed or failed any applicable human health criterion of WAC 173-204-320 through 173-204-340 shall be eligible for confirmatory designation as follows: Reserved: The depart- ment shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter. (3) Initial and confirmatory designation of sediments which contain other toxic, radioactive, biological, or deleteri- ous substances. Sediments which contain other toxic, radio- active, biological, or deleterious substances, as defined in WAC 173-204-200(16), shall be designated by the depart- ment using the following procedures. (a) The department shall: (i) Identify individual contaminants of concern; (ii) Identify appropriate and practicable sampling and analysis methodologies; (iii) Identify test interpretation standards for initial and confirmatory designation, and (iv) Identify acceptable levels of sediment contamination for sediments which contain other toxic, radioactive, biologi- cal, or deletenous substances. (b) Where sediment containing other toxic, radioactive, biological or deleterious substances may also be contami- nated by chemicals identified in WAC 173-204-320 through 173-204-340, the department shall require application of the appropriate tests and standards of WAC 173-204-320 through 173-204-340, as determined by the department, in addition to any requirements developed pursuant to (a) of this subsection. (c) The department may use all or some of the sediment biological tests of WAC 173-204-320 through 173-204-340 to designate sediments with other toxic, radioactive, biologi- cal or deleterious substances in cases where those tests are technically appropriate, as determined by the department. [Ch. 173-204 WAC—p. 6] [Statutory Authority. Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-310, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-315 Confirmatory marine sediment biological tests. (1) The following five acute and chronic effects biological tests shall be used to confirm designation of Puget Sound marine sediments using the procedures described in WAC 173-204-310(2). Use of alternate biologi- cal tests shall be subject to the review and approval of the department using the procedures of WAC 173-204-130(4). (a) Acute effects tests. (i) Amphipod: Ten-day mortality sediment bioassay for the Amphipod, i.e., Rhepoxynius abronius, Ampelisca abd- ita, or Eohaustorius estuarius. (ii) Larval: Any one of the following mortality/abnormality sediment bioassays: (A) Crassostrea gigas, i.e., Pacific oyster; (B) Mytilus (edulis) galloprovincialis, i.e., Blue mussel; (C) Strongylocentrotus purpuratus, i.e., Purple sea urchin; (D) Strongylocentrotus droebachiensis, i.e., Green sea urchin, or (E) Dendraster excentricus, i.e., Sand dollar. (b) Chronic effects tests. (i) Benthic infaunal abundance: Abundance of the fol- lowing major taxa. Class Crustacea, Class Polychaeta, and Phylum Mollusca. (ii) Juvenile polychaete: Twenty -day growth rate of the juvenile polychaete Neanthes arenaceodentata; or (iii) Microtox saline extract: Decreased luminescence from the bacteria Vibrio fisheri after a fifteen minute expo- sure. (2) Performance standards for control and reference sed- iment biological test results. The biological tests of this sec- tion shall not be considered valid unless test results for the appropriate control and reference sediments meet the perfor- mance standards of (a) through (e) of this subsection The department may reject the results of a reference sediment bio- logical test based on unacceptably high variability. (a) Amphipod. The control sediment shall have less than ten percent mortality over the test period. The reference sed- iment shall have less than twenty-five percent mortality. (b) Larval: The seawater control sample shall have less than thirty percent combined abnormality and mortality (i.e., a seventy percent normal survivorship at time -final). (c) Benthic abundance: The reference benthic macroin- vertebrate assemblage shall be representative of areas of Puget Sound removed from significant sources of contami- nants, and to the extent possible shall have the following characteristics. (i) The taxonomic richness of benthic macroinverte- brates and the abundances of higher taxonomic groups shall reflect seasonality and natural physical -chemical conditions (e.g., grain size composition and salinity of sediments, water depth) in a reference area, and not be obviously depressed as a result of chemical toxicity; (ii) Normally abundant species that are known to be sen- sitive to chemical contaminants shall be present; (12/29/95) Sediment Management Standards 173-204-320 (iii) Normally rare species that are known to become abundant only under chemically disturbed conditions shall be rare or absent; and (iv) The abundances of normally rare species that control community structure through physical modification of the sediment shall be similar to those observed at the test sedi- ment site. (d) Juvenile polychaete: The control sediment shall have less than ten percent mortality and mean individual growth of >_ 0.72 mg/ind/day per dry weight basis. The reference sedi- ment shall have a mean individual growth rate which is at least eighty percent of the mean individual growth rate found in the control sediment. Control sediments exhibiting growth below 0.72 mg/ind/day may be approved by the department on a case-by-case basis. (e) Microtox: Reserved: The department shall deter- mine performance standards on a case-by-case basis as nec- essary to meet the intent of this chapter. [Statutory Authority• RCW 90.48.220. 96-02-058, § 173-204-315, filed 12/29/95, effective 1/29/96. Statutory Authority Chapters 43 21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-315, filed 3/27/91, effective 4/27/91 1 WAC 173-204-320 Marine sediment quality stan- dards. (1) Goal and applicability. (a) The sediment quality standards of this section shall correspond to a sediment quality that will result in no adverse effects, including no acute or chronic adverse effects on bio- logical resources and no significant health risk to humans. (b) The marine sediment quality standards of this section shall apply to marine sediments located within Puget Sound as defined in WAC 173-204-200(19). (c) Non -Puget Sound marine sediment quality standards. Reserved. The department shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter (2) Chemical concentration criteria. The chemical con- centrations in Table I establish the marine sediment quality standards chemical cntena for designation of sediments. (a) Where laboratory analysis indicates a chemical is not detected in a sediment sample, the detection limit shall be reported and shall be at or below the Marine Sediment Qual- ity Standards chemical criteria value set in this table. (b) Where chemical criteria in this table represent the sum of individual compounds or isomers, the following methods shall be applied. (i) Where chemical analyses identify an undetected value for every individual compound/isomer then the single highest detection limit shall represent the sum of the respec- tive compounds/isomers, and (ii) Where chemical analyses detect one or more individ- ual compound/isomers, only the detected concentrations will be added to represent the group sum. (c) The listed chemical parameter cnteria represent con- centrations in parts per million, "normalized," or expressed, on a total organic carbon basis. To normalize to total organic carbon, the dry weight concentration for each parameter is divided by the decimal fraction representing the percent total organic carbon content of the sediment. (12/29/95) (d) The LPAH criterion represents the sum of the follow- ing "low molecular weight polynuclear aromatic hydrocar- bon" compounds: Naphthalene, Acenaphthylene, Acenaph- thene, Fluorene, Phenanthrene, and Anthracene. The LPAH criterion is not the sum of the criteria values for the individual LPAH compounds as listed. (e) The HPAH criterion represents the sum of the follow- ing "high molecular weight polynuclear aromatic hydrocar- bon" compounds: Fluoranthene, Pyrene, Benz(a)anthracene, Chrysene, Total Benzofluoranthenes, Benzo(a)pyrene, Indeno(1,2,3,-c,d)pyrene, Dibenzo(a,h)anthracene, and Benzo(g,h,i)perylene. The HPAH criterion is not the sum of the criteria values for the individual HPAH compounds as listed. (f) The TOTAL BENZOFLUORANTHENES criterion repre- sents the sum of the concentrations of the "B," "J," and "K" isomers. Table I Marine Sediment Quality Standards —Chemical Criteria CHEMICAL PARAMETER ARSENIC CADMIUM CHROMIUM COPPER LEAD MERCURY SiLVER ZINC CHEMICAL PARAMETER MG/KG DRY WEIGHT (PARTS PER MILLION (PPM) DRY) 57 5.1 260 390 450 0.41 6.1 410 MG/KG ORGANIC CARBON (PPM CARBON) LPAH NAPHTHALENE ACENAPHTHYLENE ACENAPHTHENE FLUORENE PHENANTHRENE ANTHRACENE 2 -METHYLNAPHTHALENE HPAH FLUORANTHENE PYRENE BENZ(A)ANTHRACENE CHRYSENE TOTAL BENZOFLUORANTHENES BENZO(A)PYRENE INDENO (1 2,3,-C,D) PYRENE DIBENZO (A,H) ANTHRACENE BENZO(G,H,1)PERYLENE 1,2 -DICHLOROBENZENE 1,4 -DICHLOROBENZENE 12,4-TRICHLOROBENZENE HEXACHLOROBENZENE DIMETHYL PHTHALATE DIETHYL PHTHALATE DI -N -BUTYL PHTHALATE BUTYL BENZYL PHTHALATE IBIS (2-ETHYLHEXYL) PHTHALATE DI-N-OCTYL PHTHALATE DIBENZOFURAN HEXACHLOROBUTADIENE N-NITROSODIPHENYLAMINE TOTAL PCB'S 370 99 66 16 23 100 220 38 960 160 1000 110 110 230 99 34 12 31 2.3 3.1 0.81 0.38 53 61 220 49 47 58 15 3.9 11 12 [Ch. 173-204 WAC—p. 7] 173-204-330 Sediment Management Standards CHEMICAL PARAMETER UG/KG DRY WEIGHT (PARTS PER BILLION (PPB) DRY) PHENOL 420 2-METHYLPHENOL 63 4-METHYLPHENOL 670 2,4 -DIMETHYL PHENOL 29 PENTACHLOROPHENOL 360 BENZYL ALCOHOL 57 BENZOIC ACID 650 (3) Biological effects cnteria. For designation of sedi- ments pursuant to WAC 173-204-310(2), sediments are determined to have adverse effects on biological resources when any one of the confirmatory marine sediment biological tests of WAC 173-204-315(1) demonstrate the following results: (a) Amphipod: The test sediment has a higher (statisti- cally significant, t test, p50.05) mean mortality than the refer- ence sediment and the test sediment mean mortality exceeds twenty-five percent, on an absolute basis. (b) Larval: The test sediment has a mean survivorship of normal larvae that is less (statistically significant, t test, p50.05) than the mean normal survivorship in the reference sediment and the test sediment mean normal survivorship is less than eighty-five percent of the mean normal survivorship in the reference sediment (i.e., the test sediment has a mean combined abnormality and mortality that is greater than fif- teen percent relative to time -final in the reference sediment) (c) Benthic abundance: The test sediment has less than fifty percent of the reference sediment mean abundance of any one of the following major taxa: Class Crustacea, Phy- lum Mollusca or Class Polychaeta, and the test sediment abundance is statistically different (t test, p_<0.05) from the reference sediment abundance. (d) Juvenile polychaete. The test sediment has a mean individual growth rate of less than seventy percent of the ref- erence sediment mean individual growth rate and the test sed- iment mean individual growth rate is statistically different (t test, p50 05) from the reference sediment mean individual growth rate. (e) Microtox. The mean light output of the highest con- centration of the test sediment is less than eighty percent of the mean light output of the reference sediment, and the two means are statistically different from each other (t test, p<_0 05). (4) Marine sediment human health criteria. Reserved: The department may determine on a case-by-case basis the cnteria, methods, and procedures necessary to meet the intent of this chapter. (5) Marine sediment other toxic, radioactive, biological, or deleterious substances criteria. Other toxic, radioactive, biological or deleterious substances in, or on, sediments shall be at or below levels which cause no adverse effects in marine biological resources, and below levels which corre- spond to a significant health risk to humans, as determined by the department. The department shall determine on a case-by- case basis the criteria, methods, and procedures necessary to meet the intent of this chapter pursuant to WAC 173-204- 310(3). (6) Nonanthropogenically affected sediment quality cri- teria. Whenever the nonanthropogenically affected sediment [Ch. 173-204 WAC—p. 8] quality is of a lower quality (i.e., higher chemical concentra- tions, higher levels of adverse biological response, or posing a greater health threat to humans) than the applicable sedi- ment quality standards assigned for said sediments by this chapter, the existing sediment chemical and biological qual- ity shall be identified on an area -wide basis as determined by the department, and used in place of the sediment quality standards of WAC 173-204-320. [Statutory Authority• RCW 90 48.220. 96-02-058, § 173-204-320, filed 12/29/95, effective 1/29/96. Statutory Authority Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-320, filed 3/27/91, effective 4/27/91 ] WAC 173-204-330 Low salinity sediment quality standards. Reserved: The department shall determine on a case-by-case basis the criteria, methods, and procedures nec- essary to meet the intent of this chapter. [Statutory Authority- Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-330, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-340 Freshwater sediment quality standards. Reserved: The department shall determine on a case-by-case basis the criteria, methods, and procedures nec- essary to meet the intent of this chapter. [Statutory Authority Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-340, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-350 Sediment quality standards inventory. (1) The department shall gather available data on sediments and produce an inventory of sediment sampling stations which pass or fail the applicable sediment quality standards of WAC 173-204-320 through 173-204-340 Sedi- ment sampling stations which are evaluated for compliance with the sediment quality standards of WAC 173-204-320 through 173-204-340 and placed on the inventory shall be sampled and analyzed using the Puget Sound Protocols or other methods approved by the department, and shall use an appropriate quality assurance/quality control program, as determined by the department. The sediment quality stan- dards inventory produced per this section shall be used by the department, and made available upon request to the public and other federal, state, and local agencies for the following uses. (a) To identify and target necessary source control activ- ities, such as discharger monitoring, to eliminate adverse effects on biological resources and significant health threats to humans from sediment contamination; (b) To identify contaminated sediment cleanup sites per the procedures in WAC 173-204-500 through 173-204-590; (c) To establish sediment quality ambient monitoring program status and trends analyses and reports, (d) To identify the sediment quality of areas proposed for dredging, in -water construction, and other actions requiring federal, state, and/or local permits; and (e) To complete other uses consistent with the intent of this chapter, as determined by the department. (2) Sources of data. Sediment biological and chemical data shall be gathered by the department for review to pro - (12/29/95) Sediment Management Standards 173-204-400 duce and update the sediment quality inventory on a biennial basis. Data sources include, but are not limited to. (a) Sediment data collected by the department for the Puget Sound ambient monitoring program, compliance mon- itoring of permitted discharges, and special environmental investigations. (b) Sediment data submitted to the U.S. Army Corps of Engineers in support of dredging permit applications. (c) Sediment data collected to identify problem areas and needed source controls in Puget Sound as defined in WAC 173-204-200(19), other marine waters, and all low salinity and freshwater areas in Washington state. (d) Sediment data used or collected in compliance with chapter 70.105D RCW, and the Model Toxics Control Act cleanup regulation, chapter 173-340 WAC. (e) Sediment data used or collected in compliance with the federal Comprehensive Environmental Response, Com- pensation and Liability Act. (f) Sediment data collected as a requirement of a National Pollutant Discharge Elimination System or state dis- charge permit. (g) Sediment data derived from other studies including: (i) Federally sponsored monitoring studies. (ii) Special monitoring studies conducted by local and municipal governments, or pnvate industry. (iii) Data derived through Washington state department of natural resources administration of use authorizations. (3) The inventory shall be updated and made available to the public on a biennial basis. [Statutory Authority- Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-350, filed 3/27/91, effec- tive 4/27/91 ] PART IV—SEDIMENT SOURCE CONTROL WAC 173-204-400 General considerations. (1) The standards of WAC 173-204-400 through 173-204-420 spec- ify a process for managing sources of sediment contamina- tion. These procedures include: (a) Evaluating the potential for a waste discharge to cre- ate a sediment impact; (b) Requiring application for a sediment impact zone authorization, (c) Verifying whether a discharge has received all known, available and reasonable methods of prevention, con- trol, and treatment prior to discharge, and/or application of best management practices, (d) Analysis and verification of the potential sediment impact; (e) Determining whether the sediment impact zone would meet maximum allowable contamination require- ments, (f) Evaluating the proposed sediment impact zone in consideration of locational criteria; (g) Design and/or constrain the sediment impact zone to be as small, and with the least contamination, as practicable; (h) Public review of the proposed sediment impact zone authorization, (i) Issuance of the sediment impact zone authorization with provisions for maintenance and closure, and (12/29/95) (j) Reducing and eventually eliminating the sediment impact zone via renewals and modifications of a sediment impact zone authorization. (2) Permits and other authorizations of wastewater, storm water, and nonpoint source discharges to surface waters of the state of Washington under authority of chapter 90.48 RCW shall be conditioned so that the discharge receives all known, available and reasonable methods of pre- vention, control, and treatment, and best management prac- tices prior to discharge, as required by chapters 90.48, 90.52, and 90.54 RCW The department shall provide consistent guidance on the collection, analysis and evaluation of waste- water, receiving -water, and sediment samples to meet the intent of this section using consideration of pertinent sections of the Department of Ecology Permit Writers' Manual, as amended, and other guidance approved by the department. (3) As determined necessary, the department shall require any person who proposes a new discharge to evaluate the potential for the proposed discharge to cause a violation of the applicable sediment quality standards of WAC 173- 204-320 through 173-204-340. (4) As determined necessary, the department shall require existing permitted discharges to evaluate the potential for the permitted discharge to cause a violation of the appli- cable sediment quality standards of WAC 173-204-320 through 173-204-340. (5) Within permits authorizing existing discharges to surface waters of the state of Washington, the department may specify appropriate locations and methodologies for the collection and analysis of representative samples of waste- water, receiving -water, and sediments to evaluate the poten- tial for the discharge to cause a violation of the applicable sediment quality standards of WAC 173-204-320 through 173-204-340. (6) In establishing the need for, and the appropriate, indi- vidual permit monitoring conditions, the department shall consider multiple factors relating to the potential for a dis- charge to cause a violation of the applicable sediment quality standards of WAC 173-204-320 through 173-204-340 including but not limited to. (a) Discharge particulate characteristics, (b) Discharge contaminant concentrations, flow, and loading rate; (c) Sediment chemical concentration and biological effects levels; (d) Receiving water characteristics; (e) The geomorphology of sediments; (f) Cost mitigating factors such as the available resources of the discharger; and (g) Other factors determined necessary by the depart- ment. (7) As determined necessary to ensure the wastewater discharge does not cause a violation of the applicable stan- dards of WAC 173-204-320 through 173-204-340, except as authorized by the department under WAC 173-204-415, Sed- iment impact zones, the department shall stipulate permit terms and conditions which include wastewater discharge average and maximum mass loading per unit time, and waste- water discharge average and maximum chemical concentra- tions within new and existing facility permits authorizing [Ch. 173-204 WAC—p. 91 • • • 173-204-410 Sediment Management Standards wastewater discharges to surface waters of the state of Wash- ington (8) As determined necessary, the department shall mod- ify wastewater discharge permits whenever it appears the dis- charge causes a violation, or creates a substantial potential to cause a violation of the applicable sediment quality standards of WAC 173-204-320 through 173-204-340, as authorized by RCW 90.48.520. (9) To meet the intent of this section, the sediment qual- ity standards of WAC 173-204-320 through 173-204-340 and the sediment impact zone standards of WAC 173-204-415 through 173-204-420 are not considered to be federal dis- charge permit effluent limits subject to antibacksliding requirements of the federal Clean Water Act. Discharge per- mit sediment monitoring and sediment impact zone compli- ance requirements may be used to establish effluent limits sufficient to meet the standards of this chapter. (10) As determined necessary, the department shall use issuance of administrative actions under authority of chapters 90 48 or 7O.105D RCW to implement this chapter. (11) Wastewater dilution zones. Water quality mixing zones authorized by the department pursuant to chapter 173- 201A WAC, Water quality standards for surface waters of the state of Washington, do not satisfy the standards of WAC 173-204-415, Sediment impact zones. (12) For the sediment source control standards of WAC 173-204-400 through 173-204-420, any and all references to violation of, potential to violate, exceedance of, or potential to exceed the applicable standards of WAC 173-204-320 through 173-204-340 shall also apply to the antidegradation and designated use policies of WAC 173-204-120 Any exceedances or potential exceedances of the antidegradation or designated use policies of WAC 173-204-120 shall meet the applicable requirements of WAC 173-204-400 through 173-204-420. (13) Under no circumstances shall the provisions of sed- iment source control standards WAC 173-204-400 through 173-204-420 be construed as providing for the relaxation of discharge permit requirements under other authorities includ- ing, but not limited to, chapter 90 48 RCW, the Water Pollu- tion Control Act, chapter 90.54 RCW, the Water Resources Act of 1971, and the Federal Water Pollution Control Act of 1972 and amendments. [Statutory Authority• RCW 90 48.220 96-02-058, § 173-204-400, filed 12/29/95, effective 1/29/96 Statutory Authority Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-400, filed 3/27/91, effective 4/27/91 ] WAC 173-204-410 Sediment quality goal and sedi- ment impact zone applicability. (1) Goal and policies. (a) It is the established goal of the department to manage source control activities to reduce and ultimately eliminate adverse effects on biological resources and significant health threats to humans from sediment contamination. (b) The stated policy of the department shall be to only authorize sediment impact zones so as to minimize the num- ber, size, and adverse effects of all zones, with the intent to eliminate the existence of all such zones whenever practica- ble. The department shall consider the relationship between environmental effects, technical feasibility and cost in deter - [Ch. 173-204 WAC—p. 10] mining whether it is practicable to minimize and/or eliminate sediment impact zones. (c) The department shall implement the standards of WAC 173-204-400 through 173-204-420 so as to prevent the creation of new contaminated sediment cleanup sites identi- fied under WAC 173-204-530(4). (2) A sediment impact zone authorization issued by the department under the authority of chapter 90.48 RCW does not constitute authorization to trespass on lands not owned by the applicant. These standards do not address and in no way alter the legal rights, responsibilities, or liabilities of the per- mittee or landowner of the sediment impact zone for any applicable requirements of proprietary, real estate, tort, and/or other laws not directly expressed as a requirement of this chapter. (3) Except as identified in subsection (6)(d) of this sec- tion, any person may apply for a sediment impact zone under the following conditions: (a) The person's discharge is provided with all known, available and reasonable methods of prevention, control, and treatment, and meets best management practices as stipulated by the department; and (b) The person's discharge activity exposes or resus- pends sediments which exceed, or otherwise cause or poten- tially cause sediments to exceed the applicable sediment quality standards of WAC 173-204-320 through 173-204- 340, or the antidegradation policy standards of WAC 173- 204-120 (1)(a) and (c) within a period of ten years from the later date of either the department's formal approval of the application for a sediment impact zone authorization or the starting date of the discharge (4) The department shall only authorize sediment impact zones for permitted wastewater and storm water discharges, and other discharges authorized by the department. The department shall authorize all sediment impact zones via dis- charge permits or other formal administrative actions. (5) The department shall not limit the application, estab- lishment, maintenance, or closure of an authorized sediment impact zone via consideration of sediment contamination determined by the department to be the result of unknown, unpermitted or historic discharge sources. (6) As determined necessary by the department, any per- son with a permitted discharge shall be required to meet the standards of WAC 173-204-400 through 173-204-420, as fol- lows: (a) Any person with a new or existing permitted waste- water discharge shall be required to meet the standards of WAC 173-204-400 through 173-204-420; (b) Any person with a new or existing permitted indus- trial storm water discharge, regulated as process wastewater in National Pollutant Discharge Elimination System or state discharge permits, shall be required to meet the standards of WAC 173-204-400 through 173-204-420; (c) Any person with a new or existing permitted storm water or nonpoint source discharge, which fully uses all known, available and reasonable methods of prevention, con- trol, and treatment, and best management practices as stipu- lated by the department at the time of the person's application for a sediment impact zone, shall be required to meet the stan- dards of WAC 173-204-400 through 173-204-420; (12/29/95) Sediment Management Standards 173-204-412 (d) Any person with a storm water discharge, existing prior to the adoption of this chapter, and determined by the department to not be fully using best management practices stipulated by the department at the time of the person's appli- cation pplycation for a permit from the department, shall be eligible for a sediment impact zone as follows: (i) The department shall issue sediment impact zone authorizations with requirements for application of best man- agement practices stipulated by the department on an approved time schedule. (ii) Sediment impact zones authorized by the department for permitted storm water discharges under the applicability provisions of subsection (6)(d) of this section shall be subject to cleanup action determinations made by the department pursuant to WAC 173-204-500 through 173-204-590 when the sediment impact zone maximum criteria of WAC 173- 204-420 are exceeded within the authorized sediment impact zone. (iii) The department shall identify and include best man- agement practices required to meet the sediment impact zone design standards of WAC 173-204-415(4) as soon as practi- cable within sediment impact zone authorizations established for storm water discharges per WAC 173-204-410 (6)(d). (7) Dredged material and fill discharge activities subject to authorization under Section 401 of the federal Clean Water Act via chapter 90.48 RCW and chapter 173-225 WAC, establishment of implementation procedures of application for certification, are not subject to the standards of WAC 173-204-415 but are subject to the standards of WAC 173- 204-400 through 173-204-410 and 173-204-420 as follows: (a) Requirements for dredging activities and disposal sites shall be established by the department using best avail- able dredged material management guidelines and applicable federal and state rules These guidelines shall include the Puget Sound dredged disposal analysis (PSDDA) dredged material testing and disposal requirements cited in: (i) Management Plan Report - Unconfined Open -Water Disposal Of Dredged Material, Phase 1, (Central Puget Sound), June 1988, or as amended, (ii) Management Plan Report - Unconfined Open -Water Disposal Of Dredged Material, Phase /1, (North And South Puget Sound), September 1989, or as amended, and (iii) Users Manual For Dredged Material Management In Puget Sound, November 1990, oras amended. (b) In coordination with other applicable federal and state and local dredged material management programs, the department may issue administrative orders to establish approved disposal sites, to specify disposal site use condi- tions, and to specify disposal site monitoring requirements. (c) The department may authorize sediment impact zones for dredged material disposal via federal Clean Water Act Section 401 certification actions. (d) As determined necessary by the department, the department may authorize sediment impact zones for dredged material disposal via administrative orders issued under authority of chapter 90 48 RCW The department shall autho- rize sediment impact zones for all Puget Sound dredged dis- posal analysis disposal sites via administrative orders issued under authority of chapter 90.48 RCW. (12/29/95) (e) Administrative orders and certifications establishing sediment impact zones for dredged material disposal sites shall describe establishment, maintenance, and closure requirements for the authorized site, consistent with the requirements described in (a) of this subsection. (8) The source control standards of WAC 173-204-400 through 173-204-420 are applicable in cases where the sedi- ment quality standards of WAC 173-204-320 through 173- 204-340 are reserved. [Statutory Authority• RCW 90.48.220 96-02-058, § 173-204-410, filed 12/29/95, effective 1/29/96 Statutory Authority- Chapters 43 21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-410, filed 3/27/91, effective 4/27/91 1 WAC 173-204-412 Marine finfish rearing facilities. (1) Purpose. This section sets forth the applicability of this chapter to marine finfish rearing facilities only. This section also identifies marine finfish rearing facility siting, operation, closure and monitoring requirements to meet the intent of this chapter, as applicable. (2) Applicability. Manne finfish rearing facilities and their associated discharges are not subject to the authority and purpose standards of WAC 173-204-100 (3) and (7), and the marine sediment quality standards of WAC 173-204-320 and the sediment impact zone maximum criteria of WAC 173-204-420, within and including the distance of one hun- dred feet from the outer edge of the marine finfish rearing facility structure. Marine finfish rearing facilities are not sub- ject to the sediment impact zone standards of WAC 173-204- 415. (3) Sediment monitoring. Sediment quality compliance and monitoring requirements for manne finfish rearing facil- ities shall be addressed through National Pollutant Discharge Elimination System or other permits issued by the depart- ment for facility operation. Marine finfish rearing facilities shall meet the following sediment quality monitoring require- ments (a) Any person with a new facility shall identify a base- line sediment quality prior to facility operation for benthic infaunal abundance, total organic carbon and grain size in the location of the proposed operation and downcurrent areas that may be potentially impacted by the facility discharge, (b) Any person with an existing operating facility shall monitor sediment quality for total organic carbon levels and identify the location of any sediments in the area of the facil- ity statistically different (t test, p50.05) from the total organic carbon levels identified as facility baseline levels or statisti- cally different from the applicable total organic carbon levels as identified in Table 1 TABLE 1 - Puget Sound Reference Total Organic Carbon Values Silt -Clay Particles (per- Total Organic Carbon (percent cent Dry Weight) Dry Weight) 0-20 20-50 50-80 80-100 0.5 1.7 3.2 2.6 [ Ch. 173-204 WAC—p. 11 ] 173-204-415 Sediment Management Standards (c) The locations and frequency of monitoring for total organic carbon, benthic infaunal abundance and other param- eters shall be determined by the department and identified in the applicable National Pollutant Discharge Elimination Sys- tem permit; (d) Antibactenals. Reserved: The department shall determine on a case-by-case basis the methods, procedure, locations, and frequency for monitonng antibacterials associ- ated with the discharge from a marine finfish rearing facility; (e) Closure. All permitted marine finfish reanng facili- ties shall monitor sediments impacted during facility opera- tion to document recovery of sediment quality to background levels. The department shall determine on a case-by-case basis the methods, procedure, locations, and frequency for monitonng sediments after facility closure. (4) Sediment impact zones. Marine finfish rearing facili- ties and their associated discharges that are permitted under a National Pollutant Discharge Elimination System permit are hereby provided a sediment impact zone by rule for any sed- iment quality impacts and biological effects within and including the distance of one hundred feet from the outer edge of the marine finfish rearing facility structure. (a) The department may authorize an individual marine finfish rearing facility sediment impact zone for any sedi- ments beyond a distance of one hundred feet from the facility perimeter via National Pollutant Discharge Elimination Sys- tem permits or administrative actions. The authorized sedi- ment impact zone shall meet the benthic infaunal abundance requirements of the sediment impact zone maximum criteria, WAC 173-204-420 (3)(c)(iii). Marine finfish rearing facili- ties that exceed the sediment quality conditions of subsection (3)(b) of this section beyond a distance of one hundred feet from the facility perimeter shall: (i) Begin an enhanced sediment quality monitoring pro- gram to include benthic infaunal abundance consistent with the requirements of the National Pollutant Discharge Elimi- nation System permit. The sediment quality monitoring pro- gram shall include a benthic infaunal abundance reference sediment sample as required in subsection (3)(a) of this sec- tion or a benthic infaunal abundance reference sediment sam- ple in compliance with WAC 173-204-200(21), and (ii) Be consistent with the sediment source control gen- eral considerations of WAC 173-204-400 and the sediment quality goal and sediment impact zone applicability require- ments of WAC 173-204-410, apply for a sediment impact zone as determined necessary by the department. (b) Administrative orders or permits establishing sedi- ment impact zones for marine finfish rearing facilities shall describe establishment, maintenance, and closure require- ments as determined necessary by the department. [Statutory Authority RCW 90 48.220. 96-02-058, § 173-204-412, filed 12/29/95, effective 1/29/96.] WAC 173-204-415 Sediment impact zones. The pur- pose of this section is to set forth the standards for establish- ment, maintenance, and closure of sediment impact zones to meet the intent of sediment quality dilution zones authorized pursuant to RCW 90 48 520, except for sediment impact zones authonzed under WAC 173-204-410(7). The depart - [Ch. 173-204 WAC—p. 12] ment shall authorize all sediment impact zones via discharge permits or other formal administrative actions. (1) General requirements. Authorization, modification and renewal of a sediment impact zone by the department shall require compliance with the following general require- ments: (a) Permits authonzing wastewater discharges to surface waters of the state of Washington under authonty of chapter 90.48 RCW shall be conditioned so that the discharge receives: (i) All known, available and reasonable methods of pre- vention, control, and treatment pnor to discharge, as required by chapters 90.48, 90.52, and 90.54 RCW; and (ii) Best management practices as stipulated by the department. (b) The maximum area, and maximum chemical contam- inant concentration and/or allowable maximum biological effect level within sediments assigned to a sediment impact zone shall be as authorized by the department, in accordance with the standards of this section. (c) The department shall determine that the person's activity generating effluent discharges which require authori- zation of a sediment impact zone is in the public interest. (d) The department shall determine that any person's activity generating effluent discharges which require authori- zation of a sediment impact zone has adequately addressed alternative waste reduction, recycling, and disposal options through application of all known, available and reasonable methods of prevention, control, and treatment to minimize as best practicable the volume and concentration of waste con- taminants in the discharge. (e) The area boundaries of the sediment impact zone established by the department shall include the minimum practicable surface area, not to exceed the surface area allowed under subsection (4) of this section. (f) Adverse effects to biological resources within an authorized sediment impact zone shall be maintained at the minimum chemical contamination and biological effects lev- els practicable at all times. The department shall consider the relationship between environmental effects, technical feasi- bility and cost in determining the minimum practicable chemical contamination and biological effects levels Adverse effects to biological resources within an authorized sediment impact zone shall not exceed a minor adverse effects level as a result of the discharge, as determined by the procedures of subsection (4) of this section. (g) The operational terms and conditions for the sedi- ment impact zone shall be maintained at all times. (h) Final closure of the sediment impact zone shall be conducted in strict accordance with the department's sedi- ment impact zone authonzation. (i) Documents authonzing a sediment impact zone shall require that the permitted discharge not result in a violation of the applicable sediment quality standards of WAC 173-204- 320 through 173-204-340, outside the area limits of the estab- lished zone. (j) All applications to the department for sediment impact zone authorizations shall be subject to public notice, comment and hearing procedures defined but not limited to the applicable discharge permit or other formal administra- (12/29/95) Sediment Management Standards 173-204-415 tive action requirements of chapter 43.21C RCW, the State Environmental Policy Act, chapter 197-11 WAC, SEPA rules, chapter 90.48 RCW, chapter 163-216 WAC, the State waste discharge permit program, and chapter 173-220 WAC, National Pollutant Discharge Elimination System Permit Program prior to issuance of the authorization. In determin- ing the need for, location, and/or design of any sediment impact zone authorization, the department shall give consid- eration to all comments received during public review of the proposed sediment impact zone application. (2) Application requirements. (a) Whenever, in the opinion of the department, as a result of an ongoing or proposed effluent discharge, a person violates, shall violate, or creates a substantial potential to vio- late the sediment quality standards of WAC 173-204-320 through 173-204-340 as applicable within a period of ten years from the later date of either the department's evaluation of the ongoing discharge or the starting date of the proposed discharge, the department may require application for a sedi- ment impact zone authorization under authority of chapter 90 48 RCW. (b) Any person with a proposed or permitted effluent dis- charge shall apply to the department for authorization of a sediment impact zone when. (i) The department requires the sediment impact zone application by written notification; or (ii) The person independently identifies that the ongoing or proposed effluent discharge violates, shall violate, or cre- ates a substantial potential to violate the applicable sediment quality standards of WAC 173-204-320 through 173-204- 340 within a period of ten years from the later date of the per- son's evaluation of the ongoing discharge or the starting date of the proposed discharge, using the procedures of this sec- tion. (c) As necessary, the department may require any person to submit a sediment impact zone application in multiple steps concurrent with its ongoing review and determination concerning the adequacy of the application. The application shall provide the sediment impact zone design information required in subsection (4) of this section and other such infor- mation the department determines necessary. The application shall also provide the legal location and landowner(s) of property proposed for use as, or potentially affected by, a sed- iment impact zone, and shall be accompanied by such other relevant information as the department may require. The department shall issue a written approval of the complete sediment impact zone application prior to or concurrent with authonzing a sediment impact zone. (d) Submittal of an application to the department for authorization of a sediment impact zone under the terms and conditions of this section shall establish the applicant's interim compliance with requirements of chapter 90 48 RCW and this chapter, as determined by the department. The department may authorize an interim compliance period within a valid discharge permit or administrative order to ensure ultimate compliance with chapter 90.48 RCW and this chapter The interim compliance period shall not continue beyond the date of issuance of a sediment impact zone autho- rization within a valid discharge permit issued by the depart- ment. (12/29/95) (e) Prior to authorization, the department shall make a reasonable effort to identify and notify all landowners, adja- cent landowners, and lessees affected by the proposed sedi- ment impact zone. The department shall issue a sediment impact zone notification letter to any person it believes to be a potentially affected landowner and other parties determined appropriate by the department. The notification letter shall be sent by certified mail, return receipt requested, or by personal service. The notification letter shall provide: (i) The name of the person the department believes to be the affected landowner; (ii) The names and addresses of other affected landown- ers to whom the department has sent a proposed sediment impact zone notification letter; (iii) The name and address of the sediment impact zone applicant; (iv) A general description of the location, size, and con- tamination level proposed for the sediment impact zone; (v) The intention of the department to release all specific sediment impact zone application information to the public upon written request to the department; (vi) The determination of the department concerning whether the proposed sediment impact zone application meets the standards of this section; (vii) The intention of the department whether to autho- rize the proposed sediment impact zone; and (viii) Notification that the affected landowners, adjacent landowners, and lessees may comment on the proposed sedi- ment impact zone. Any comments on the proposed sediment impact zone authorization shall be submitted in writing to the department within thirty days from the date of receipt of the notification letter, unless the department provides an exten- sion. (f) Prior to authorization, the department shall issue a sediment impact zone notification letter to affected port dis- tricts, the Washington state department of natural resources marine lands division, the U.S. Army Corps of Engineers, and other parties determined appropriate by the department. The notification letter shall be sent by certified mail, return receipt requested, or by personal service. The notification let- ter shall provide the information required under (e) of this subsection (3) Locational considerations. The department shall require any person applying for a sediment impact zone to submit information concerning potential location consider- ations of the zone. The location of an authorized sediment impact zone shall avoid whenever possible and minimize adverse impacts to areas of special importance. Prior to authorization of a sediment impact zone, the department shall consider all pertinent information from the applicant, all affected parties, local, state and federal agencies, federally recognized Indian tribes, and the public concerning loca- tional considerations, including but not limited to: (a) Spawning areas; (b) Nursery areas, (c) Waterfowl feeding areas; (d) Shellfish harvest areas, (e) Areas used by species of economic importance; (f) Tribal areas of significance; (g) Areas determined to be ecologically unique; [Ch. 173-204 WAC -p. 13] 173-204-415 Sediment Management Standards (h) Water supply intake areas; (i) Areas used for primary contact public recreation, (j) High quality waters that constitute an outstanding national resource; and (k) Areas where sediment quality is substantially better than levels necessary for protection of biological resources and human health (4) Design requirements. The location, areal limitations, and degree of effects allowed within an authorized sediment impact zone shall be determined by application of the depart- ment's sediment impact zone computer models "CORMiX," "PLUMES," and/or "WASP," or an alternate sediment impact zone model(s) approved by the department under WAC 173- 204-130(4), as limited by the standards of this section and the department's best professional judgment. The models shall be used by the department or by the discharger as required by the department, to estimate the impact of any person's waste- water or storm water discharge on the receiving water and sediment quality for a penod of ten years from the later date of either the department's formal approval of the application for a sediment impact zone authorization or the starting date of the discharge. (a) Data requirements. The discharger shall submit the following information to determine requirements for estab- lishment and authorization of a sediment impact zone, as required by the department: (i) Data reports and analyses results for all samples of wastewater or storm water, receiving water, and sediments collected by the discharger or other parties relating to evalu- ation of the potential effects of the permitted discharge, as required by WAC 173-204-400 (ii) Data reports and analyses results determined neces- sary to. (A) Apply discharge modeling to the permitted dis- charge; and (B) To identify and evaluate potential alternative chemi- cal and biological effects of the discharge on the receiving water and sediments, and (C) To identify and evaluate potential alternatives to define the areal size and location of a sediment impact zone needed by the discharge (iii) Data reports and analyses results from the dis- charger's application of the "CORMix," "PLUMES," and/or "WASP" or an alternate sediment impact zone model(s) approved by the department under WAC 173-204-130(4), to the permitted discharge to identify and evaluate: (A) Potential alternative chemical and biological effects of the discharge on the receiving water and sediments; and (B) Potential alternatives for the areal distribution and location of a potential sediment impact zone required by the discharge. (iv) Preferred alternative for closure of the potential sed- iment impact zone by active removal and/or natural recovery, and identified costs of the preferred closure method. (b) Overlapping sediment impact zones. Overlapping sediment impact zones, as predicted by the "CORMIX," "PLUMES," and/or "WASP" models or an alternate sediment impact zone model(s) approved by the department under WAC 173-204-130(4), and the department's best professional judgment, shall be authorized only as follows: [Ch. 173-204 WAC -p. 14] (i) The applicable sediment impact zone maximum crite- ria of WAC 173-204-420 shall not be exceeded as a result of the multiple discharge sediment impact zones overlap; and (ii) If the department determines that the applicable chemical contaminant concentration and biological effects restrictions of WAC 173-204-420 would be exceeded as a result of the overlap of multiple discharge sediment impact zones, the department may authorize the sediment impact zones after: (A) Application of a waste load allocation process to the individual permitted discharges to identify individual permit effluent limitations necessary to meet: (I) The applicable chemical contaminant concentration and biological effects restrictions for sediment impact zones required by this section; and/or (II) Storm water best management practices required by the department; and (B) Establishment of individual permit compliance schedules for the multiple permitted discharges to ensure compliance with: (I) The permit effluent limitations established by the department using the waste load allocation process and best professional judgment; and (II) The standards of WAC 173-204-400 through 173- 204-420. (5) Maintenance requirements. (a) The department shall review sediment impact zone monitoring conducted by the discharger to evaluate compli- ance with the department's sediment impact zone authoriza- tion and the standards of WAC 173-204-400 through 173- 204-420. The department may require additional sediment impact zone monitoring when the department determines that any sediment sampling station within an authorized sediment impact zone exceeds the sediment impact zone maximum cri- teria of WAC 173-204-420 or violates the sediment impact zone authorization as a result of the discharge. (b) Whenever the department can clearly demonstrate that, as a result of an effluent discharge, a discharger violates, shall violate, or creates a substantial potential to violate the department's sediment impact zone authorization, or the sed- iment impact zone maximum criteria of WAC 173-204-420, the department shall. (i) Provide wntten notification and supporting documen- tation of the department's clear demonstration determination to the affected discharger; (ii) Establish a reasonable time frame for the affected discharger to either submit a written statement and support- ing documentation rebutting the department's clear demon- stration determination, or accept the department's determina- tion. The discharger may use the clear demonstration meth- ods identified in (c) of this subsection for rebuttal of the department's clear demonstration; and (iii) Provide written notification of the department's determination concerning approval or denial of the submitted clear demonstration rebuttal to the discharger. (c) For the purpose of this section, a clear demonstration shall consist of: (i) Use of the sediment impact zone model(s) "CORMIX," "PLUMES," and/or "WASP" or other model(s) to demonstrate a (12/29/95) Sediment Management Standards 173-204-415 discharge(s) is the source of the violation or potential viola- tion; and (ii) Use of one or more of the following methods to dem- onstrate a violation of the sediment impact zone authorization or the sediment impact zone maximum cnteria of WAC 173- 204-420: (A) Direct sediment sampling. A violation of the sedi- ment impact zone authonzation and/or the sediment impact zone maximum criteria of WAC 173-204-420 is demon- strated when: (I) The average chemical concentration for three stations within the sediment impact zone exceeds the sediment impact zone maximum criteria of WAC 173-204-420 due to the dis- charge source. This concentration average shall not include stations for which complete biological testing information shows that the biological effects requirements of WAC 173- 204-420, or the authorized sediment impact zone if applica- ble, are met; or (II) The biological effects at each of any three stations within the sediment impact zone exceed the sediment impact zone maximum biological effects criteria of WAC 173-204- 420 or the authorized sediment impact zone as applicable, due to the discharge source; or (B) Monitoring data which demonstrates a chemical con- taminant concentration gradient toward the discharge source exists in sediments which violates the sediment impact zone authorization or the standards of WAC 173-204-420; or (C) A trend analysis of the effluent chemical discharge quality and inplace sediment monitonng data which statisti- cally demonstrates an ongoing violation or substantial poten- tial to violate the sediment impact zone authorization or the standards of WAC 173-204-420; or (D) Field depositional (e.g., sediment traps) and/or efflu- ent particulate (e.g., centrifuge analysis) data which demon- strate an ongoing violation or substantial potential to violate the sediment impact zone authorization or the standards of WAC 173-204-420; or (E) Mathematical or computer modeling which demon- strates an ongoing violation or substantial potential to violate the sediment impact zone authorization or the standards of WAC 173-204-420. (d) The department's response to a clear demonstration of a violation or potential violation shall be to require main- tenance activities in the following order: (i) Require reanalysis of whether the discharger's efflu- ent treatment complies with all known, available and reason- able methods of prevention, control, and treatment and best management practices based on the data used to establish the clear demonstration; (ii) Alter the authorized sediment impact zone size and/or degree of effects consistent with the standards of this section and the results of direct sediment sampling; (iii) Reduce impacts of the existing or potential violation by requiring additional discharge controls or additional sedi- ment impact zone maintenance activities which can include, but are not limited to (A) Dredging and removal of sediments, solely for sedi- ment impact zone maintenance needs or coordinated with maintenance dredging of commercially important areas, e g., navigational lanes or ship berthing areas; (12/29/95) (B) Dredging, treatment, and replacement of sediments within the sediment impact zone; and/or (C) Capping of sediments within the sediment impact zone; (iv) Limit the quantity and/or quality of the existing per- mitted discharge; and/or (v) Withdraw the department's sediment impact zone authorization and require final closure of the zone. (e) All sediment impact zone maintenance actions con- ducted under this chapter shall provide for landowner review of the maintenance action plans prior to implementation of the action. In cases where the discharger is not able to secure access to lands subject to the sediment impact zone mainte- nance actions of this subsection, the department may facili- tate negotiations or other proceedings to secure access to the lands. Requests for department facilitation of land access shall be submitted to the department in writing by the respon- sible discharger (6) Closure planning and requirements. (a) The discharger shall select and identify a preferred method for closure of a sediment impact zone in the applica- tion required by WAC 173-204-415(2) Closure methods can include either active cleanup and/or natural recovery and monitoring. The department shall incorporate the discharger's identified closure method in the sediment impact zone autho- rization. (b) The department may require closure of authorized sediment impact zones when the department determines that: (i) The discharger has violated the sediment impact zone maintenance standards of subsection (5) of this section, or (ii) The department determines that: (A) The wastewater or storm water discharge quality will not violate the applicable sediment quality standards of WAC 173-204-320 through 173-204-340; or (B) A sediment impact zone is no longer needed or eligi- ble under the standards of WAC 173-204-410 through 173- 204-415 (7) Modification of sediment impact zones. The depart- ment may modify sediment impact zone authorization requirements where the nature of a person's activity which generates, transports, disposes, prevents, controls, or treats effluent discharges has substantially changed and been dem- onstrated to the department's satisfaction. The modification may occur after consideration of the following: (a) Reduction of effects. Assessment of the discharge activities and treatment methods shall be conducted by the discharger to demonstrate to the satisfaction of the depart- ment that: (i) Elimination of the sediment impact zone is not practi- cable; and (ii) Further reduction in any existing or proposed sedi- ment impact zone area size and/or level of contamination or effects is not practicable in consideration of discharge requirements for all known, available and reasonable meth- ods of prevention, control, and treatment, best management practices, and applicable waste reduction and recycling pro- visions. (b) Alterations. There are substantial alterations or addi- tions to the person's activity generating effluent discharges which require authorization of a sediment impact zone which [Ch. 173-204 WAC -p. 15 ] 173-204-420 Sediment Management Standards occur after permit issuance and justify application of permit conditions different from, or absent in, the existing permit. (c) New information. Sediment impact zones may be modified when new information is received by the depart- ment that was not available at the time of permit issuance that would have justified the application of different sediment impact zone authorization conditions. (d) New regulations. The standards or regulations on which the permit was based have changed by amended stan- dards, criteria, or by judicial decision after the permit was issued. (e) Changes in technology. Advances in waste control technology that qualify as "all known, available and reason- able methods of prevention, control, and treatment" and "best management practices" shall be adopted as permit require- ments, as appropriate, in all permits reissued by the depart- ment. (8) Renewal of previously authorized sediment impact zones. Renewal of sediment impact zones previously autho- rized under the standards of WAC 173-204-410 and this sec- tion shall be allowed under the following conditions. (a) The department determines the discharge activities and treatment methods meet all known, available and reason- able methods of prevention, control, and treatment and best management practices as stipulated by the department; and (b) The discharger demonstrates to the department's sat- isfaction that the discharge activities comply with the stan- dards of WAC 173-204-400 through 173-204-420 and with the existing sediment impact zone authorization, and (c) Reduction of effects. The discharger conducts an assessment of the permitted discharge activities and treat- ment methods and demonstrates to the department's satisfac- tion that: (i) Elimination of the sediment impact zone is not practi- cable; and (ii) A further reduction in any existing or proposed sedi- ment impact zone area size and/or level of contamination is not practicable in consideration of discharge requirements for all known, available and reasonable methods of prevention, control, and treatment, best management practices, and appli- cable waste reduction and recycling provisions. [Statutory Authority RCW 90 48.220 96-02-058, § 173-204-415, filed 12/29/95, effective 1/29/96 Statutory Authority Chapters 43 21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-415, filed 3/27/91, effective 4/27/91 WAC 173-204-420 Sediment impact zone maximum criteria. This section establishes minor adverse effects as the maximum chemical contaminant concentration, maximum health risk to humans, maximum biological effects level, maximum other toxic, radioactive, biological, or deleterious substance level, and maximum nonanthropogenically affected sediment quality level allowed within authorized sediment impact zones due to an existing or proposed dis- charge. If the department determines that the standards of this section are or will be exceeded as a result of an existing or proposed discharge(s), the department shall authonze a sedi- ment impact zone or modify a sediment impact zone authori- zation consistent with the standards of WAC 173-204-400 through 173-204-420 such that individual permit effluent [Ch. 173-204 WAC—p. 16] ]imitations, requirements, and compliance time periods are sufficient to meet the standards of this section as applicable. (1) Applicability (a) The marine sediment impact zone maximum chemi- cal cnteria, and the marine sediment biological effects crite- ria, and the marine sediment human health criteria, and the marine sediment other toxic, radioactive, biological or delete- rious substance criteria and the marine sediment nonanthro- pogenically affected sediment criteria of this section shall apply to marine sediments within Puget Sound. (b) Non -Puget Sound marine sediment impact zone max- imum criteria. Reserved: The department shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter. (c) Low salinity sediment impact zone maximum crite- ria. Reserved: The department shall determine on a case-by- case basis the criteria, methods, and procedures necessary to meet the intent of this chapter (d) Freshwater sediment impact zone maximum cnteria. Reserved. The department shall determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter (2) Puget Sound marine sediment impact zone maximum chemical critena. The maximum chemical concentration lev- els that may be allowed within an authorized sediment impact zone due to a permitted or otherwise authorized discharge shall be at or below the chemical levels stipulated in Table II, Sediment Impact Zone Maximum Chemical Criteria, except as provided for by the marine sediment biological effects restrictions of subsection (3) of this section, and any compli- ance time periods established under WAC 173-204-410 (6)(d) and 173-204-415. (a) Where laboratory analysis indicates a chemical is not detected in a sediment sample, the detection limit shall be reported and shall be at or below the Marine Sediment Qual- ity Standards chemical criteria value set in WAC 173-204- 320(2). (b) Where chemical criteria in this table represent the sum of individual compounds or isomers, the following methods shall be applied. (i) Where chemical analyses identify an undetected value for every individual compound/isomer then the single highest detection limit shall represent the sum of the respec- tive compounds/isomers; and (ii) Where chemical analyses detect one or more individ- ual compound/isomers, only the detected concentrations will be added to represent the group sum. (c) The listed chemical parameter criteria represent con- centrations in parts per million, "normalized," or expressed, on a total organic carbon basis. To normalize to total organic carbon, the dry weight concentration for each parameter is divided by the decimal fraction representing the percent total organic carbon content of the sediment. (d) The LPAH criterion represents the sum of the follow- ing "low molecular weight polynuclear aromatic hydrocar- bon" compounds. Naphthalene, Acenaphthylene, Acenaph- thene, Fluorene, Phenanthrene, and Anthracene. The LPAH criterion is not the sum of the criteria values for the individual LPAH compounds as listed. (12/29/95) Sediment Management Standards 173-204-420 (e) The I -PAH criterion represents the sum of the follow- ing "high molecular weight polynuclear aromatic hydrocar- bon" compounds. Fluoranthene, Pyrene, Benz(a)anthracene, Chrysene, Total Benzofluoranthenes, Benzo(a)pyrene, Indeno(1,2,3,-c,d)pyrene, Dibenzo(a,h)anthracene, and Benzo(g,h,i)perylene. The HPAH critenon is not the sum of the criteria values for the individual HPAH compounds as listed. (f) The TOTAL BENZOFLUORANTHENES criterion repre- sents the sum of the concentrations of the "B," "J," and "K" isomers. Table II Puget Sound Manne Sediment Impact Zones Maximum Chemical Criteria CHEMICAL PARAMETER ARSENIC CADMIUM CHROMIUM COPPER LEAD MERCURY SILVER ZINC CHEMICAL PARAMETER MG/KG DRY WEIGHT (PARTS PER MILLION (PPM) DRY) 93 6.7 270 390 530 0.59 6.1 960 MG/KG ORGANIC CARBON (PPM CARBON) LPAH NAPHTHALENE ACENAPHTHYLENE ACENAPHTHENE FLUORENE PHENANTHRENE ANTHRACENE 2 -METHYLNAPHTHALENE HPAH FLUORANTHENE PYRENE BENZ(A)ANTHRACENE CHRYSENE TOTAL BENZOFLUORANTHENES BENZO(A)PYRENE INDENO (1,2,3,-C,D) PYRENE DIBENZO (A.H) ANTHRACENE BENZO(G,H.I)PERYLENE 1,2 -DICHLOROBENZENE 1,4 -DICHLOROBENZENE 1,2,4-TRICHLOROB ENZENE HEXACHLOROBENZENE DIMETHYL PHTHALATE DIETHYL PHTHALATE DI -N -BUTYL PHTHALATE BUTYL BENZYL PHTHALATE BIS (2-ETHYLHEXYL) PHTHALATE Di-N-OCTYL PHTHALATE DIBENZOFURAN HEXACHLOROBUTADIENE N-NiTROSODIPHENYLAMINE TOTAL PCB'S CHEMICAL PARAMETER PHENOL 2-METHYLPHENOL 4-METHYLPHENOL 2,4 -DIMETHYL PHENOL PENTACHLOROPHENOL (12/29/95) 780 170 66 57 79 480 1200 64 5300 1200 1400 270 460 450 210 88 33 78 2.3 9 1.8 2.3 53 110 1700 64 78 4500 58 6.2 11 65 UG/KG DRY WEIGHT (PARTS PER BILLION (PPB) DRY) 1200 63 670 29 690 CHEMICAL PARAMETER UG/KG DRY WEIGHT (PARTS PER BILLION (PPB) DRY) BENZYL ALCOHOL 73 BENZOIC ACID 650 (3) Puget Sound marine sediment impact zone maximum biological effects criteria. The maximum biological effects level that may be allowed within an authorized sediment impact zone shall be at or below a minor adverse biological effects level. The acute and chronic effects biological tests of WAC 173-204-315(1) may be used to determine compliance with the minor adverse biological effects restriction within an authonzed sediment impact zone as follows: (a) When using biological testing to determine compli- ance with the maximum biological effects criteria within a sediment impact zone, a person shall select and conduct any two acute effects tests and any one chronic effects test. (b) The biological tests shall not be considered valid unless test results for the appropriate control and reference sediment samples meet the performance standards described in WAC 173-204-315(2). (c) The sediment impact zone maximum biological effects level is established as that level below which any two of the biological tests in any combination exceed the criteria of WAC 173-204-320(3), or one of the following biological test determinations is made: (i) Amphipod: The test sediment has a higher (statisti- cally significant, t test, p•5.0.05) mean mortality than the refer- ence sediment and the test sediment mean mortality is greater than a value represented by the reference sediment mean mortality plus thirty percent; or (ii) Larval. The test sediment has a mean survivorship of normal larvae that is less (statistically significant, t test, p50 05) than the mean normal survivorship in the reference sediment sample and the test sediment mean normal survi- vorship is less than seventy percent of the mean normal sur- vivorship in the reference sediment (i.e., the test sediment has a mean combined abnormality and mortality that is greater than thirty percent relative to time -final in the reference sedi- ment), or (iii) Benthic abundance The test sediment has less than fifty percent of the reference sediment mean abundance of any two of the following major taxa. Class Crustacea, Phy- lum Mollusca or Class Polychaeta and the test sediment abundances are statistically different (t test, p._0.05) from the reference sediment abundances, or (iv) Juvenile polychaete: The test sediment has a mean individual growth rate of less than fifty percent of the refer- ence sediment mean individual growth rate and the test sedi- ment mean individual growth rate is statistically different (t test, p50.05) from the reference sediment mean individual growth rate. (4) Puget Sound marine sediment impact zone maximum human health criteria. Reserved. The department may deter- mine on a case-by-case basis the cntena, methods, and proce- dures necessary to meet the intent of this chapter (5) Puget Sound marine sediment impact zone maximum other toxic, radioactive, biological, or deleterious substances criteria. Other toxic, radioactive, biological or deleterious substances in, or on, sediments shall be below levels which [Ch. 173-204 WAC -p. 17] 173-204-500 Sediment Management Standards cause minor adverse effects in marine biological resources, or which correspond to a significant health risk to humans, as determined by the department. The department shall deter- mine on a case-by-case basis the critena, methods, and proce- dures necessary to meet the intent of this chapter. (6) Puget Sound marine sediment impact zone maximum nonanthropogenically affected sediment criteria. Whenever the nonanthropogenically affected sediment quality is of a lower quality (i e., higher chemical concentrations, higher levels of adverse biological response, or posing a higher threat to human health) than the applicable sediment impact zone maximum criteria established under this section, the existing sediment chemical and biological quality shall be identified on an area -wide basis as determined by the depart- ment, and used in place of the standards of WAC 173-204- 420. [Statutory Authority• RCW 90 48.220 96-02-058, § 173-204-420, filed 12/29/95, effective 1/29/96 Statutory Authority Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90 70 RCW 91-08-019 (Order 90-41). § 173-204-420, filed 3/27/91, effective 4/27/91 1 PART V—SEDIMENT CLEANUP STANDARDS WAC 173-204-500 Sediment cleanup decision pro- cess and policies. (1) The standards of WAC 173-204-500 through 173-204-590 are procedures which specify a cleanup decision process for managing contaminated sediments These procedures include: (a) Screening sediment station clusters of potential con- cern; (b) Conducting hazard assessments to identify cleanup sites; (c) Ranking sites identified in (b) of this subsection, (d) Determining the appropriate site cleanup authority; (e) Conducting a site cleanup study; (f) Determining the site-specific cleanup standard; (g) Selecting a site cleanup action, and (h) Where necessary, authorizing a cleanup site sediment recovery zone. (2) Under this chapter, the department may require or take those actions necessary to implement the standards of WAC 173-204-500 through 173-204-580 for all contami- nated sediment stations on the inventory identified in WAC 173-204-350. (3) The cleanup process and procedures under this chap- ter and under other laws may be combined. The department may initiate a cleanup action under this chapter and may upon further analysis determine that another law is more appropri- ate, or vice versa. (4) It is the policy of the department to manage sediment cleanup actions towards the goal of reducing and ultimately eliminating adverse effects on biological resources and sig- nificant health threats to humans from sediment contamina- tion To achieve this goal, the department will pursue sedi- ment cleanup decisions and cleanup standards that are as close as practicable to the sediment quality standards of WAC 173-204-320 through 173-204-340, including the con- sideration of net environmental effects, cost and technical feasibility The department shall only authorize sediment recovery zones so as to minimize the number, size and [Ch. 173-204 WAC—p. 18] adverse effects of all zones, with the intent to eliminate the existence of all such zones whenever practicable. (5) The department shall endeavor to make sediment cleanup decisions in an expeditious manner, as soon as all needed information is available, consistent with the availabil- ity of department resources and the priority of the cleanup site. [Statutory Authority- Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-500, filed 3/27/91, effec- tive 4/27/91 1 WAC 173-204-510 Screening sediment station clus- ters of potential concern. (1) Using the sediment quality standards inventory of WAC 173-204-350, the department shall analyze the sediment sampling data to identify station clusters of potential concern and station clusters of low con- cern per the standards of this section. Station clusters of potential concern shall be further evaluated using the hazard assessment standards of WAC 173-204-530. Station clusters of low concern shall remain on the inventory and no further cleanup action determinations shall be taken by the depart- ment until the stations are reexamined per subsection (5) of this section (2) A station cluster is defined as any number of stations from the inventory of WAC 173-204-350 that are determined to be spatially and chemically similar. For the purpose of identifying a station cluster of potential concern per the pro- cedures of this subsection, three stations with the highest con- taminant concentration for any particular contanunant or the highest degree of biological effects as identified in WAC 173-204-520 are selected from a station cluster. This proce- dure may be repeated for multiple chemicals identified in WAC 173-204-520, recognizing that the three stations with the highest concentration for each particular contaminant may be different and the respective areas for all chemicals may overlap. The department shall review the inventory of WAC 173-204-350 to identify station clusters of potential concern via the following process: (a) Identify if available, the three stations within a station cluster with the highest concentration of each chemical con- taminant identified in WAC 173-204-520, Cleanup screening levels cnterra; and (b) For each contaminant identified in (a) of this subsec- tion, determine the average concentration for the contaminant at the three stations identified in (a) of this subsection, and (c) Identify if available, three stations within the station cluster with the highest level of biological effects for the bio- logical tests identified in WAC 173-204-315(1); and (d) If the average contaminant concentration for any three stations identified in (a) of this subsection, exceeds the applicable cleanup screening level in WAC 173-204-520, then the station cluster is defined as a station cluster of poten- tial concern; and (e) If the biological effects at each of the three stations from (c) of this subsection exceeds the cleanup screening level in WAC 173-204-520, then the station cluster is defined as a station cluster of potential concern, and (f) If neither of the conditions of (d) or (e) of this subsec- tion apply, then the station cluster is defined as a station clus- ter of low concern; and (12/29/95) Sediment Management Standards 173-204-520 (g) If the department determines that any three stations within a station cluster exceed the sediment cleanup screen- ing levels human health criteria or the other toxic, radioac- tive, biological, or deleterious substances criteria or the nonanthropogenically affected criteria of WAC 173-204- 520, then the station cluster is defined as a station cluster of potential concern (3) Notification. When a station cluster of potential con- cern has been identified, the department shall issue notifica- tion to the landowners, lessees, onsite dischargers, adjacent dischargers, and other persons determined appropriate by the department prior to the department's conducting a hazard assessment as defined in WAC 173-204-530. (4) No further cleanup action determinations shall be taken with station clusters of low concern until the inventory of WAC 173-204-350 is updated and the stations reexamined per subsection (5) of this section. Station clusters of low con- cern shall receive no further consideration for active cleanup, unless new information indicates an increase of chemical contamination at the stations in question. Station clusters of low concern shall be evaluated by the department for improved source control and/or monitoring requirements of this chapter. (5) The department may at any time reexamine a station or group of stations to reevaluate and identify station clusters of potential concern following the procedures of subsection (2) of this section when new information demonstrates to the department's satisfaction that reexamination actions are nec- essary to fulfill the purposes of WAC 173-204-500 through 173-204-590. [Statutory Authority- RCW 90 48.220 96-02-058, § 173-204-510, filed 12/29/95, effective 1/29/96. Statutory Authority• Chapters 43.21C, 70.105D, 90.48. 90.52, 90.54 and 90 70 RCW 91-08-019 (Order 90-41), § 173-204-510, filed 3/27/91, effective 4/27/91 WAC 173-204-520 Cleanup screening levels criteria. (1) Applicability. (a) The marine sediment cleanup screening levels chem- ical criteria, and the marine sediment biological effects crite- ria, and the marine sediment other toxic, radioactive, biolog- ical, or deleterious substance criteria, and the marine sedi- ment nonanthropogenically affected criteria of this section shall apply to marine sediments within Puget Sound. The cleanup screening levels establish minor adverse effects as the level above which station clusters of potential concern are defined, and at or below which station clusters of low con- cern are defined, per the procedures identified in WAC 173- 204-510(2). The cleanup screening levels also establish the levels above which station clusters of potential concern are defined as cleanup sites, per the procedures identified in WAC 173-204-530, Hazard assessment. The criteria in Table III and this section also establish minor adverse effects as the Puget Sound marine sediment minimum cleanup level to be used in evaluation of cleanup alternatives per the procedures of WAC 173-204-560, and selection of a site cleanup stan- dard(s) per the procedures of WAC 173-204-570 (b) Non -Puget Sound marine sediment cleanup screen- ing levels and minimum cleanup levels criteria. Reserved. The department shall determine on a case-by-case basis the (12/29/95) criteria, methods, and procedures necessary to meet the intent of this chapter (c) Low salinity sediment cleanup screening levels and minimum cleanup levels criteria. Reserved. The department shall determine on a case-by-case basis the cntena, methods, and procedures necessary to meet the intent of this chapter (d) Freshwater sediment cleanup screening levels and minimum cleanup levels criteria. Reserved: The department shall determine on a case-by-case basis the cntena, methods, and procedures necessary to meet the intent of this chapter. (2) Puget Sound marine sediment cleanup screening lev- els and minimum cleanup levels chemical criteria. The chem- ical concentration criteria in Table III establish the Puget Sound marine sediment cleanup screening levels and mini- mum cleanup levels chemical criteria. (a) Where laboratory analysis indicates a chemical is not detected in a sediment sample, the detection limit shall be reported and shall be at or below the Marine Sediment Qual- ity Standards chemical criteria value set in WAC 173-204- 320(2) (b) Where chemical criteria in this table represent the sum of individual compounds or isomers, the following methods shall be applied: (i) Where chemical analyses identify an undetected value for every individual compound/isomer then the single highest detection limit shall represent the sum of the respec- tive compounds/isomers; and (ii) Where chemical analyses detect one or more individ- ual compound/isomers, only the detected concentrations will be added to represent the group sum. (c) The listed chemical parameter criteria represent con- centrations in parts per million, "normalized," or expressed, on a total organic carbon basis. To normalize to total organic carbon, the dry weight concentration for each parameter is divided by the decimal fraction representing the percent total organic carbon content of the sediment. (d) The LPAH cntenon represents the sum of the follow- ing "low molecular weight polynuclear aromatic hydrocar- bon" compounds: Naphthalene, Acenaphthylene, Acenaph- thene, Fluorene, Phenanthrene, and Anthracene. The LPAH criterion is not the sum of the criteria values for the individual LPAH compounds as listed. (e) The HPAH criterion represents the sum of the follow- ing "high molecular weight polynuclear aromatic hydrocar- bon" compounds. Fluoranthene, Pyrene, Benz(a)anthracene, Chrysene, Total Benzofluoranthenes, Benzo(a)pyrene, Indeno(1,2,3,-c,d)pyrene, Dibenzo(a,h)anthracene, and Benzo(g,h,i)perylene The HPAH cntenon is not the sum of the criteria values for the individual HPAH compounds as listed. (f) The TOTAL BENZOFLUORANTHENES criterion repre- sents the sum of the concentrations of the "B," "J," and "K" isomers. Table 111 Puget Sound Marine Sediment Cleanup Screening Levels and Minimum Cleanup Levels — Chemical Criteria [Ch. 173-204 WAC—p. 19] 173-204-520 CHEMICAL PARAMETER ARSENIC CADMIUM CHROMIUM COPPER LEAD MERCURY SILVER ZINC CHEMICAL PARAMETER Sediment Management Standards MG/KG DRY WEIGHT (PARTS PER MILLION (PPM) DRY) 93 6.7 270 390 530 0.59 6.1 960 MG/KG ORGANIC CARBON (PPM CARBON) LPAH NAPHTHALENE ACENAPHTHYLENE ACENAPHTHENE FLUORENE PHENANTHRENE ANTHRACENE 2 -METHYLNAPHTHALENE HPAH FLUORANTHENE PYRENE BENZ(A)ANTHRACENE CHRYSENE TOTAL BENZOFLUORANTHENES BENZO(A)PYRENE INDENO (1,2,3,-C,D) PYRENE DiBENZO (A,H) ANTHRACENE B ENZO(G,H,I)PERYLENE 1,2 -DICHLOROBENZENE 1,4 -DICHLOROBENZENE 1,2,4-TRICHLOROBENZENE HEXACHLOROBENZENE DIMETHYL PHTHALATE DIETHYL PHTHALATE Di -N -BUTYL PHTHALATE BUTYL BENZYL PHTHALATE BIS (2-ETHYLHEXYL) PHTHALATE DI-N-OCTYL PHTHALATE DIBENZOFURAN HEXACHLOROBUTADIENE N-NITROSODiPHENYLAMINE TOTAL PCB'S CHEMICAL PARAMETER PHENOL 2-METHYLPHENOL 4-METHYLPHENOL 2,4 -DIMETHYL PHENOL PENTACHLOROPHENOL BENZYL ALCOHOL BENZOIC ACiD 780 170 66 57 79 480 1200 64 5300 1200 1400 270 460 450 210 88 33 78 2.3 9 1.8 2.3 53 110 1700 64 78 4500 58 6.2 11 65 UG/KG DRY WEIGHT (PARTS PER BILLION (PPB) DRY) 1200 63 670 29 690 73 650 (3) Puget Sound marine sediment cleanup screening lev- els and minimum cleanup level biological criteria. The bio- logical effects criteria of this subsection establish the Puget Sound marine sediment cleanup screening level, and the Puget Sound marine sediment minimum cleanup level crite- ria. (a) The acute and chronic effects biological tests of WAC 173-204-315(1) shall be used to (i) Identify the Puget Sound marine sediment cleanup screening level for the purpose of screening sediment station clusters of potential concern using the procedures of WAC 173-204-510(2); and [Ch. 173-204 WAC -p. 201 (ii) Identify the Puget Sound manne sediment cleanup screening level for the purpose of identifying station clusters of low concern and/or cleanup sites using the hazard assess- ment procedures of WAC 173-204-530(4); and/or (in) Identify the Puget Sound marine sediment minimum cleanup level to confirm minimum cleanup level determina- tions using the procedures of WAC 173-204-570(3) (b) When using biological testing to determine if station clusters exceed the cleanup screening level or to identify the minimum cleanup level for a contaminated site, test results from at least two acute effects tests and one chronic effects test shall be evaluated. (c) The biological tests shall not be considered valid unless test results for the appropriate control and reference sediment samples meet the performance standards described in WAC 173-204-315(2). (d) The cleanup screening level and minimum cleanup level is exceeded when any two of the biological tests exceed the criteria of WAC 173-204-320(3), or one of the following test determinations is made: (i) Amphipod: The test sediment has a higher (statisti- cally significant, t test, p_<0.05) mean mortality than the refer- ence sediment and the test sediment mean mortality is greater than a value represented by the reference sediment mean mortality plus thirty percent. (ii) Larval. The test sediment has a mean survivorship of normal larvae that is less (statistically significant, t test, p<_0.05) than the mean normal survivorship in the reference sediment and the test sediment mean normal survivorship is less than seventy percent of the mean normal survivorship in the reference sediment (i.e., the test sediment has a mean combined abnormality and mortality that is greater than thirty percent relative to time -final in the reference sediment). (iii) Benthic abundance: The test sediment has less than fifty percent of the reference sediment mean abundance of any two of the following major taxa: Class Crustacea, Phy- lum Mollusca or Class Polychaeta and the test sample abun- dances are statistically different (t test, p<_0 05) from the ref- erence abundances. (iv) Juvenile polychaete: The test sediment has a mean individual growth rate of less than fifty percent of the refer- ence sediment mean individual growth rate and the test sedi- ment mean individual growth rate is statistically different (t test, p<_0.05) from the reference sediment mean individual growth rate. (4) Puget Sound marine sediment cleanup screening lev- els and minimum cleanup levels human health criteria. Reserved: The department may determine on a case-by-case basis the criteria, methods, and procedures necessary to meet the intent of this chapter (5) Puget Sound marine sediment cleanup screening lev- els and minimum cleanup levels other toxic, radioactive, bio- logical, or deletenous substances criteria. Other toxic, radio- active, biological, or deleterious substances in, or on, sedi- ments shall be at or below levels which cause minor adverse effects in manne biological resources, or which correspond to a significant health risk to humans, as determined by the department. The department shall determine on a case-by- case basis the criteria, methods, and procedures necessary to meet the intent of this chapter. (12/29/95) Sediment Management Standards 173-204-540 (6) Puget Sound manne sediment cleanup screening lev- els and minimum cleanup levels nonanthropogenically affected sediment criteria. Whenever the nonanthropogeni- cally affected sediment quality is of a lower quality (i e., higher chemical concentrations, higher levels of adverse bio- logical response, or posing a higher threat to human health) than the applicable cleanup screening levels or minimum cleanup levels criteria established under this section, the existing sediment chemical and biological quality shall be identified on an area -wide basis as determined by the depart- ment, and used in place of the standards of WAC 173-204- 520. (Statutory Authority- RCW 90 48.220. 96-02-058, § 173-204-520, filed 12/29/95, effective 1/29/96 Statutory Authority Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-520, filed 3/27/91, effective 4/27/91 1 WAC 173-204-530 Hazard assessment and site iden- tification. (1) Purpose. A hazard assessment shall be per- formed to gather existing and available information to further characterize each station cluster of potential concern identi- fied per WAC 173-204-510. (2) Hazard assessment requirements. Onsite dischargers, lessees, landowners, and adjacent dischargers shall submit, upon the department's request, all existing and available information that would enable the department to. (a) Determine the concentration and/or areal extent and depth of sediment contamination at the station cluster of potential concern by: (i) Identifying the contaminants exceeding the applicable sediment quality standards of WAC 173-204-320 through 173-204-340; (ii) Identifying individual stations within the station cluster of potential concern which exceed the sediment cleanup screening levels criteria of WAC 173-204-520; (iii) Identifying the level of toxicity to the applicable bio- logical test organisms of WAC 173-204-320 through 173- 204-340; (iv) Determining where the applicable sediment quality standards of WAC 173-204-320 through 173-204-340, for any given contaminant, is met; (v) Determining if concentrations of chemicals exist that potentially present a significant threat to human health, (vi) Defining the location where the minimum cleanup level as defined in WAC 173-204-570 is met. (b) Identify and characterize the present and historic source or sources of the contamination. (c) Identify the location of sediment impact zones autho- rized under WAC 173-204-415. (d) Identify sensitive resources in the vicinity of the sta- tion cluster of potential concern. (e) Provide other information as determined necessary by the department for ranking sites under WAC 173-204-540 (3) The department shall also compile existing and avail- able information from other federal, state, and local govern- ments that pertain to the topics in subsection (2) of this sec- tion. (4) To identify cleanup sites, the department shall use all available information of acceptable quality gathered from the hazard assessment to evaluate station clusters of potential (12/29/95) concern identified pursuant to WAC 173-204-510(2). For the purpose of identifying a cleanup site per the procedures of this subsection, three stations with the highest contaminant concentration for any particular contaminant or the highest degree of biological effects as identified in WAC 173-204- 520 are selected from a station cluster of potential concern. This procedure may be repeated for multiple chemicals iden- tified in WAC 173-204-520, recognizing that the three sta- tions with the highest concentration for each particular con- taminant may be different and the respective areas for all chemicals may overlap. The department shall review the list of station clusters of potential concern to identify cleanup sites via the following process: (a) Identify if available, three stations within the station cluster of potential concern with the highest level of biologi- cal effects for the biological tests identified in WAC 173- 204-315(1) (b) Station clusters of potential concern where the level of biological effects for any three stations within the station cluster of potential concern exceeds the cleanup screening levels of WAC 173-204-520(3) shall be defined as cleanup sites. (c) Identify if available, the three stations within a station cluster of potential concern with the highest concentration of each chemical contaminant identified in WAC 173-204-520, Cleanup screening levels criteria. For the purpose of identify- ing a cleanup site per the procedures of this subsection, sta- tions that meet the biological standards of WAC 173-204- 520(3) shall not be included in the evaluation of chemical contaminant concentrations. (d) For each contaminant identified in (c) of this subsec- tion, determine the average concentration for the contaminant at the three stations identified in (c) of this subsection (e) Station clusters of potential concern for which any average chemical concentration identified in (d) of this sub- section exceeds the cleanup screening level chemical criteria of Table III shall be defined as cleanup sites. (f) After completion of the hazard assessment, if neither of the conditions of (b) or (e) of this subsection apply, then the station cluster is defined as a station cluster of low con- cern. (g) Station clusters of potential concern where the department determines that any three stations within the sta- tion cluster of potential concern exceed the sediment cleanup screening levels human health criteria or the other toxic, radioactive, biological, or deleterious substances criteria or the nonanthropogenically affected criteria of WAC 173-204- 520, shall be defined as cleanup sites. [Statutory Authority• RCW 90 48.220 96-02-058, § 173-204-530, filed 12/29/95, effective 1/29/96. Statutory Authority Chapters 43 21C, 70.105D, 90.48, 90.52, 90.54 and 90 70 RCW 91-08-019 (Order 90-41), § 173-204-530, filed 3/27/91, effective 4/27/91 1 WAC 173-204-540 Ranking and list of sites. (1) Pur- pose. The department shall prepare and maintain a list of con- taminated sediment sites in the order of their relative hazard ranking. From this list, the department shall select sites where action shall be taken. (2) Site ranking. The department shall evaluate each cleanup site identified by the procedures in WAC 173 -204 - [Ch. 173-204 WAC—p. 211 • • • 173-204-550 Sediment Management Standards 530 on a consistent basis using the procedure described in Sediment Ranking System ("SEDRANK"), January 1990, and all additions and revisions thereto or other procedures approved by the department. The purpose of ranking is to estimate, based on technical information compiled dunng the hazard assessment procedures in WAC 173-204-530, the rel- ative potential risk posed by the site to human health and the environment. Information obtained during hazard assess- ment, plus any additional data specified in "SEDRANK," shall be included in the site hazard ranking evaluation. (3) Considerations in ranking. In conducting sediment site ranking, the department shall assess both human health hazard and ecological hazard, and consider chemical toxicity, affected resources, and site characteristics for both types of hazards. The department shall also use best professional judgment and other information as necessary on a case-by- case basis to conduct site ranking. (4) Site reranking. The department may, at its discretion, rerank a site. To rerank a site, the department shall use any additional information within the scope of the hazard ranking evaluation criteria and best professional judgment to estab- lish that a significant change in rank should result. (5) List of ranked sites. (a) Contaminated sediment sites that are ranked via "SEDRANK" shall be placed on a list in the order of their rela- tive hazard ranking. The list shall describe the current status of cleanup action at each site and be updated on an annual basis. The department may change a site's status to reflect current conditions on a more frequent basis. The status for each site shall be identified as one or more of the following: (i) Sites awaiting cleanup action; (ii) Sites where voluntary, incidental, partial or depart- ment initiated cleanup actions, as defined in WAC 173-204- 550, are in progress; (iii) Sites where a cleanup action has been completed and confirmational monitoring is underway; (iv) Sites with sediment recovery zones authorized under WAC 173-204-590; and/or (v) Other categories established by the department. (b) The department shall routinely publish and make the list available to be used in conjunction with a review of ongo- ing and proposed regulatory actions to determine where and when a cleanup action should be taken The department shall also make the list available to landowners and dischargers at or near listed sites, and to the public. (6) Site delisting. (a) The department may remove a site from the list only after it has determined that: (i) All cleanup actions except confirmational monitoring have been completed and compliance with the site cleanup study and report and cleanup standard(s) has been achieved, or (ii) The listing of the site was erroneous. (b) A site owner or operator may request that a site be removed from the list by submitting a petition to the depart- ment. The petition shall state the reason for the site delisting request, and as determined appropriate by the department, shall include thorough documentation of all investigations performed, all cleanup actions taken, and all compliance monitoring data and results to demonstrate to the depart - [Ch. 173-204 WAC—p. 22] ment's satisfaction that the site cleanup standards have been achieved. The department may require payment of costs incurred, including an advance deposit, for review and verifi- cation of the work performed. The department shall review such petitions, however the timing of the review shall be at its discretion and as resources may allow. (c) The department shall maintain a record of sites that have been removed from the list under (a) of this subsection. This record shall be made available to the public on request. (7) Relisting of sites. The department may relist a site which has previously been removed if it determines that the site requires further cleanup action. (8) Delisting notice. The department shall provide public notice and an opportunity to comment when the department proposes to remove a site from the list. (9) Relationship to hazardous sites list. The department may additionally evaluate cleanup sites on the site list devel- oped under subsection (5) of this section for possible inclu- sion on the hazardous sites list published under WAC 173- 340-330. [Statutory Authority Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-540, filed 3/27/91, effec- tive 4/27/91 1 WAC 173-204-550 Types of cleanup and authority. (1) Purpose. The department acknowledges that cleanups of contaminated sediment sites can occur under the authority of chapter 90 48 or 70.105D RCW. Sediment cleanups may also be initiated by the federal government pursuant to the Com- prehensive Environmental Response, Compensation and Lia- bility Act (CERCLA). This section describes the depart- ment's role in department initiated and other cleanup actions. (2) The department shall use best professional judgment and other information as necessary on a case-by-case basis to determine the appropriate administrative authority for con- ducting, or requinng contaminated sediment cleanup actions based on, but not limited to, the following considerations. (a) Source of contaminants requiring cleanup including spills, dredging actions, and wastewater and/or storm water discharges; (b) Significance of contamination threat to human health and the environment including the degree of contamination and types and number of contaminants; (c) Public perception concerning the contaminant threat to human health and the environment; (d) Personal or corporate financial status of the land- owner(s) and/or discharger(s); (e) Enforcement compliance history of the landowner(s) and/or discharger(s); (f) Status of existing or pending federal, state, or local legal orders or administrative actions; and (g) Size of cleanup action proposed or determined neces- sary. (3) The types of cleanup actions below establish scenar- ios recognized by the department which may occur to effect cleanup of contaminated sediment sites. All of these types of cleanup actions shall be subject to administrative review and approval of the department under chapters 90.48 and/or 70.105D RCW (12/29/95) Sediment Management Standards 173-204-560 (a) Department initiated cleanup. Department initiated cleanup actions occur when the department uses its authority under chapter 90.48 and/or 70 105D RCW to conduct or require and/or otherwise effect cleanup to meet the intent of this chapter. (b) Voluntary cleanup. Voluntary cleanup actions are initiated by parties other than the department. The department shall encourage voluntary cleanup actions whenever possi- ble, and as early as possible, to meet the intent of this chapter (c) Incidental cleanup. Incidental cleanup actions are conducted when other state or federally permitted activities are ongoing in and/or around the contaminated sediment site. Early coordination of incidental cleanup actions with the department is encouraged to meet the intent of this chapter, chapter 70.105D RCW, and chapter 90.48 RCW, as appropri- ate. (d) Partial cleanup. Partial cleanup actions may be con- ducted when completion of cleanup study requirements under WAC 173-204-560 has identified and proposed discrete site units and cleanup standards, the department has approved the selection of the partial cleanup alternative per the standards of WAC 173-204-580, and the department has determined that awaiting action or decision on conducting a complete site cleanup would have a net detrimental effect on the environ- ment or human health. (e) CERCLA cleanup. Pursuant to the federal Compre- hensive Environmental Response, Compensation and Liabil- ity Act, the department may identify chapter 173-204 WAC as an applicable state requirement for cleanup actions con- ducted by the federal govemment. [Statutory Authority- Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-550, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-560 Cleanup study. (1) Purpose. This section describes cleanup study plan and report standards which meet the intent of cleanup actions required under authority of chapter 90 48 and/or 70 105D RCW, and/or this chapter Cleanup actions required under authority of chapter 70 105D RCW shall also meet all standards of chapter 173- 340 WAC, the Model Toxics Control Act cleanup regulation. The cleanup study plan and report standards in this chapter include activities to collect, develop, and evaluate sufficient information to enable consideration of cleanup alternatives and selection of a site-specific sediment cleanup standard prior to making a cleanup decision. Each person performing a cleanup action to meet the intent of this chapter shall submit a cleanup study plan and cleanup study report to the depart- ment for review and written approval prior to implementation of the cleanup action. The department may approve the cleanup study plan as submitted, may approve the cleanup study plan with appropriate changes or additions, or may require preparation of a new cleanup study plan. (2) Scope of cleanup study plan. The scope of a cleanup study plan shall depend on the specific site informational needs, the site hazard, the type of cleanup action proposed, and the authority cited by the department to require cleanup. In establishing the necessary scope of the cleanup study plan, the department may consider cost mitigation factors, such as the financial resources of the person(s) responsible for the (12/29/95) cleanup action In all cases sufficient information must be collected, developed, and evaluated to enable the appropriate selection of a cleanup standard under WAC 173-204-570 and a cleanup action decision under WAC 173-204-580 The sed- iment cleanup study plan shall address: (a) Public information/education, (b) Site investigation and cleanup alternatives evalua- tion; (c) Sampling plan and recordkeeping; and (d) Site safety. (3) Cleanup study plan public information/education requirements. The cleanup study plan shall encourage coordi- nated and effective public involvement commensurate with the nature of the proposed cleanup action, the level of public concern, and the existence of, or potential for adverse effects on biological resources and/or a threat to human health. The cleanup study plan shall address proposed activities for the following subjects: (a) When public notice will occur, the length of the com- ment periods accompanying each notice, the potentially affected vicinity, and any other areas to be provided notice; (b) Where public information repositories will be located to provide site information to the public; (c) Methods for identifying the public's concerns, e.g., interviews, questionnaires, community group meetings, etc., (d) Methods for providing information to the public, e.g., press releases, public meetings, fact sheets, etc.; (e) Coordination of public participation requirements mandated by other federal, state, or local laws; (f) Amendments to the planned public involvement activities; and (g) Any other elements that the department determines to be appropriate for inclusion in the cleanup study plan. (4) Cleanup study plan site investigation and cleanup alternatives evaluation requirements. The content of the cleanup study plan for the site investigation and cleanup alternatives evaluation is determined by the type of cleanup action selected as defined under WAC 173-204-550 As determined by the department, the cleanup study plan shall address the following subjects: (a) General site information. General information including: Project title, name, address, and phone number of project coordinator; legal description of the cleanup site. area and volume dimensions of the site; present owners and oper- ators of contaminant source discharges to site; chronological listing of past owners and operators of contaminant source discharges to the site and their respective operational history; and other pertinent information determined by the depart- ment. (b) Site conditions map. An existing site conditions map which illustrates site features as follows: (i) Property boundaries. (ii) The site boundary defined by the individual contam- inants exceeding the applicable sediment quality standards of WAC 173-204-320 through 173-204-340 at the point where the concentration of the contaminant would meet the. (A) Cleanup objective; and (B) Minimum cleanup level; and (C) Recommended cleanup standards. (iii) Surface and subsurface topography. [ Ch. 173-204 WAC—p. 23] 173-204-560 Sediment Management Standards (iv) Surface and subsurface structures. (v) Utility lines. (vi) Navigation lanes. (vii) Current and ongoing sediment sources. (viii) Other pertinent information determined by the department. (c) Site investigation. Sufficient investigation to charac- terize the distribution of sediment contamination present at the site, and the threat or potential threat to human health and the environment. Where applicable to the site, these investi- gations shall address the following: (i) Surface water and sediments. Investigations of sur- face water hydrodynamics and sediment transport mecha- nisms to characterize significant hydrologic features such as. Site surface water drainage patterns, quantities and flow rates, areas of sediment erosion and deposition including esti- mates of sedimentation rates, and actual or potential contam- inant migration routes to and from the site and within the site. Sufficient surface water and sediment sampling shall be per- formed to adequately characterize the areal and vertical dis- tribution and concentrations of contaminants. Recontamina- tion potential of sediments which are likely to influence the type and rate of contaminant migration, or are likely to affect the ability to implement alternative cleanup actions shall be characterized, (ii) Geology and ground water system characteristics. Investigations of site geology and hydrogeology to ade- quately characterize the physical properties and distribution of sediment types, and the characteristics of ground water flow rate, ground water gradient, ground water discharge areas, and ground water quality data which may affect site cleanup alternatives evaluations; (iii) Climate. Information regarding local and regional climatological characteristics which are likely to affect sur- face water hydrodynamics, ground water flow characteris- tics, and migration of sediment contaminants such as. Sea- sonal patterns of rainfall; the magnitude and frequency of sig- nificant storm events; prevailing wind direction and velocity; (iv) Land use. Information charactenzing human popula- tions exposed or potentially exposed to sediment contami- nants released from the site and present and proposed uses and zoning for shoreline areas contiguous with the site, and (v) Natural resources and ecology Information to deter- mine the impact or potential impact of sediment contami- nants from the site on natural resources and ecology of the area such as: Sensitive environment, local and regional hab- itat, plant and animal species, and other environmental recep- tors. (d) Sediment contaminant sources. A description of the location, quantity, areal and vertical extent, concentration and sources of active and inactive waste disposal and other sediment contaminant discharge sources which affect or potentially affect the site. Where determined relevant by the department, the following information shall be obtained by the department from the responsible discharger. (i) The physical and chemical characteristics, and the biological effects of site sediment contaminant sources, (ii) The status of source control actions for permitted and unpermitted site sediment contaminant sources, and [Ch. 173-204 WAC -p. 24] (iii) A recommended compliance time frame for known permitted and unpermitted site sediment contaminant sources which affect or potentially affect implementation of the tim- ing and scope of the site cleanup action alternatives. (e) Human health risk assessment. The current and potential threats to human health that may be posed by sedi- ment site contamination shall be evaluated using a risk assessment procedure approved by the department. (f) Cleanup action alternatives. Each cleanup study plan shall include an evaluation of alternative cleanup actions that protect human health and the environment by eliminating, reducing, or otherwise controlling risks posed through each exposure pathway and migration route. The number and types of alternatives to be evaluated shall take into account the characteristics and complexity of the site. (i) The proposed site cleanup alternatives may include establishment of site units, as defined in WAC 173-204- 200(24), with individual cleanup standards within the range required by WAC 173-204-570, based on site physical char- acteristics and complexity, and cleanup standard alternatives established on consideration of cost, technical feasibility, and net environmental impact. (ii) The proposed site cleanup alternatives may include establishment of a sediment recovery zone as authorized under WAC 173-204-590, Sediment recovery zones. Estab- lishment or expansion of a sediment recovery zone shall not be used as a substitute for active cleanup actions, when such actions are practicable and meet the standards of WAC 173- 204-580 The cleanup study plan shall include the following information for evaluation of sediment recovery zone alterna- tives: (A) The time period during which a sediment recovery zone is projected to be necessary based on source loading and net environmental recovery processes determined by applica- tion of the department's sediment recovery zone computer models "CORMIX," "PLUMES," and/or "WASP," or an alternate sediment recovery zone model(s) approved by the depart- ment under WAC 173-204-130(4) as limited by the standards of this section and the department's best professional judg- ment; (B) The legal location and landowner(s) of property pro- posed as a sediment recovery zone; (C) Operational terms and conditions including, but not limited to proposed confirmational monitoring actions for discharge effluent and/or receiving water column and/or sed- iment chemical monitonng studies and/or bioassays to eval- uate ongoing water quality, sediment quality, and biological conditions within and adjacent to the proposed or authorized sediment recovery zone to confirm source loading and recov- ery rates in the proposed sediment recovery zone. (D) Potential risks posed by the proposed sediment recovery zone to human health and the environment; (E) The technical practicability of elimination or reduc- tion of the size and/or degree of chemical contamination and/or level of biological effects within the proposed sedi- ment recovery zone; and (F) Current and potential use of the sediment recovery zone, surrounding areas, and associated resources that are, or may be, affected by releases from the zone. (12/29/95) Sediment Management Standards 173-204-$70 (G) The need for institutional controls or other site use restrictions to reduce site contamination risks to human health. (iii) A phased approach for evaluation of alternatives may be required for certain sites, including an initial screen- ing of altematives to reduce the number of potential remedies for the final detailed evaluation The final evaluation of cleanup action alternatives that pass the initial screening shall consider the following factors: (A) Overall protection of human health and the environ- ment, time required to attain the cleanup standard(s), and on- site and off-site environmental impacts and risks to human health resulting from implementing the cleanup alternatives; (B) Attainment of the cleanup standard(s) and compli- ance with applicable federal, state, and local laws; (C) Short-term effectiveness, including protection of human health and the environment during construction and implementation of the alternative; and (D) Long-term effectiveness, including degree of cer- tainty that the alternative will be successful, long-term reli- ability, magnitude of residual, biological and human health risk, and effectiveness of controls for ongoing discharges and/or controls required to manage treatment residues or remaining wastes cleanup and/or disposal site risks; (g) Ability to be implemented. The ability to be imple- mented including the potential for landowner cooperation, consideration of technical feasibility, availability of needed off-site facilities, services and materials, administrative and regulatory requirements, scheduling, monitoring require- ments, access for construction, operations and monitoring, and integration with existing facility operations and other current or potential cleanup actions; (h) Cost, including consideration of present and future direct and indirect capital, operation, and maintenance costs and other foreseeable costs; (i) The degree to which community concerns are addressed, (j) The degree to which recycling, reuse, and waste min- imization are employed, and (k) Environmental impact. Sufficient information shall be provided to fulfill the requirements of chapter 43.21C RCW, the State Environmental Policy Act. Discussions of significant short-term and long-term environmental impacts, significant irrevocable commitments of natural resources, significant alternatives including mitigation measures, and significant environmental impacts which cannot be mitigated shall be included. (5) Cleanup study plan — sampling plan and record- keeping requirements. The cleanup study plan shall address proposed sampling and recordkeeping activities to meet the standards of WAC 173-204-600, Sampling and testing plan standards, and WAC 173-204-610, Records management, and the standards of this section. (6) Cleanup study plan site safety requirements. The cleanup study plan shall address proposed activities to meet the requirements of the Occupational Safety and Health Act of 1970 (29 U.S.0 Sec. 651 et seq.) and the Washington Industrial Safety and Health Act (chapter 49.17 RCW), and regulations promulgated pursuant thereto. These require- ments are subject to enforcement by the designated federal (12/29/95) and state agencies. Actions taken by the department under this chapter do not constitute an exercise of statutory author- ity within the meaning of section (4)(b)(1) of the Occupa- tional Safety and Health Act. (7) Cleanup study report. Each person performing a cleanup action to meet the intent of this chapter shall submit a cleanup study report to the department for review and writ- ten approval of a cleanup decision prior to implementation of the cleanup action. The sediment cleanup study report shall include the results of cleanup study site investigations con- ducted pursuant to subsection (4) of this section, and pre- ferred and alternate cleanup action proposals based on the results of the approved cleanup study plan. (8) Sampling access. In cases where the person(s) responsible for cleanup is not able to secure access to sample sediments on lands subject to a cleanup study plan approved by the department, the department may facilitate negotiations or other proceedings to secure access to the lands. Requests for department facilitation of land access for sampling shall be submitted to the department in wnting by the person(s) responsible for the cleanup action study plan. [Statutory Authority- RCW 90.48.220. 96-02-058, § 173-204-560, filed 12/29/95, effective 1/29/96 Statutory Authority- Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-560, filed 3/27/91, effective 4/27/91 1 WAC 173-204-570 Sediment cleanup standards. (1) Applicability and purpose. This section establishes the sedi- ment cleanup standards requirements for cleanup actions required under authority of chapter 90.48 and/or 70 105D RCW, and/or this chapter, and describes the process to deter- mine site-specific cleanup standards. (2) Cleanup objective. The sediment cleanup objective shall be to eliminate adverse effects on biological resources and significant health threats to humans from sediment con- tamination. The sediment cleanup objective for all cleanup actions shall be the sediment quality standards as defined in WAC 173-204-320 through 173-204-340, as applicable. The sediment cleanup objective identifies sediments that have no acute or chronic adverse effects on biological resources, and which correspond to no significant health risk to humans, as defined in this chapter (3) Minimum cleanup level. The minimum cleanup level is the maximum allowed chemical concentration and level of biological effects permissible at the cleanup site to be achieved by year ten after completion of the active cleanup action. (a) The minimum cleanup levels criteria of WAC 173- 204-520 shall be used in evaluation of cleanup alternatives per the procedures of WAC 173-204-560, and selection of a site cleanup standard(s) per the procedures of this section. (b) The Puget Sound marine sediment minimum cleanup level is established by the following. (i) Sediments with chemical concentrations at or below the chemical criteria of Table III shall be determined to meet the minimum cleanup level, except as provided in (b)(iv) of this subsection; and (ii) Sediments with chemical concentrations that are higher than the chemical criteria of Table III shall be deter - [Ch. 173-204 WAC—p. 25] 173-204-580 Sediment Management Standards mined to exceed the minimum cleanup level, except as pro- vided in (b)(iii) of this subsection; and (iii) Sediments with biological effects that do not exceed the levels of WAC 173-204-520(3) shall be determined to meet the minimum cleanup level; and (iv) Sediments with biological effects that exceed the levels of WAC 173-204-520(3) shall be determined to exceed the minimum cleanup level; and (v) Sediments which exceed the sediment minimum cleanup level human health cntena or the other toxic, radio- active, biological, or deleterious substances criteria or the nonanthropogenically affected criteria of WAC 173-204-520 as determined by the department, shall be determined to exceed the minimum cleanup level. (4) Sediment cleanup standard. The sediment cleanup standards are established on a site-specific basis within an allowable range of contamination. The lower end of the range is the sediment cleanup objective as defined in subsection (2) of this section. The upper end of the range is the minimum cleanup level as defined in subsection (3) of this section. The site specific cleanup standards shall be as close as practicable to the cleanup objective but in no case shall exceed the mini- mum cleanup level. For any given cleanup action, either a site-specific sediment cleanup standard shall be defined, or multiple site unit sediment cleanup standards shall be defined. In all cases, the cleanup standards shall be defined in consideration of the net environmental effects (including the potential for natural recovery of the sediments over time), cost and engineering feasibility of different cleanup alterna- tives, as determined through the cleanup study plan and report standards of WAC 173-204-560. (5) All cleanup standards must ensure protection of human health and the environment, and must meet all legally applicable federal, state, and local requirements. [Statutory Authority- Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-570, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-580 Cleanup action decision. (1) Each person performing a cleanup action to meet the intent of this chapter shall comply with the standards of WAC 173-204- 560(7), Cleanup study report. Except for cleanups conducted under chapter 70 1O5D RCW, the department shall review each cleanup study report and issue a written approval of one or more of the cleanup action alternatives described in the cleanup study report, or issue a written disapproval of all alternatives described in the cleanup study report. The depart- ment's approval of one or more cleanup study report cleanup action alternatives shall constitute the cleanup decision and shall be referenced in one or more permit or administrative authorities established under chapter 90.48 or 70.105D RCW, Section 401 of the federal Clean Water Act, chapter 173-225 WAC, establishment of implementation procedures of application for certification, or other administrative authorities available to the department. The department may approve the cleanup alternative recommended in the cleanup study report, may approve a different alternative discussed in the report, or may approve an alternative(s) with appropriate conditions The department's disapproval of all cleanup study report cleanup action alternatives shall be issued by certified (Ch. 173-204 WAC—p. 26] mail, return receipt requested, to the cleanup action propo- nent(s) The procedures for department review of the cleanup study report and selection of a cleanup action under chapter 70.105D RCW shall be in accordance with the procedures of chapter 173-340 WAC. (2) All cleanup actions conducted under this chapter shall meet the following requirements: (a) Receive department review and written approval of the preferred and/or alternate cleanup actions and necessary sediment recovery zones proposed in the cleanup study report prior to implementing a cleanup action(s), (b) Achieve a degree of cleanup that is protective of human health and the environment; (c) Achieve compliance with applicable state, federal, and local laws; (d) Achieve compliance with site cleanup standards; (e) Achieve compliance with sediment source control requirements pursuant to WAC 173-204-400 through 173- 204-420, if necessary; (f) Provide for landowner review of the cleanup study plan and report, and consider public concerns raised during review of the draft cleanup report; and (g) Provide adequate monitonng to ensure the effective- ness of the cleanup action. (3) Cleanup time frame. (a) The cleanup action selected shall provide for a rea- sonable time frame for completion of the cleanup action, based on consideration of the following factors: (i) Potential risks posed by the site to biological resources and human health; (ii) Practicability of achieving the site cleanup standards in less than a ten-year period; (iii) Current use of the site, surrounding areas, and asso- ciated resources that are, or may be, affected by the site con- tamination; (iv) Potential future use of the site, surrounding areas, and associated resources that are, or may be, affected by the site contamination; (v) Likely effectiveness and reliability of institutional controls; (vi) Degree of, and ability to control and monitor. migra- tion of contamination from the site; and (vii) Natural recovery processes which are expected to occur at the site that will reduce concentrations of contami- nants. (b) The department may authorize cleanup time frames that exceed the ten-year period used in deriving the site cleanup standards of WAC 173-204-570(4) where cleanup actions are not practicable to accomplish within a ten-year period. (4) In evaluating cleanup action alternatives, the depart- ment shall consider: (a) The net environmental effects of the alternatives, including consideration of residual effects, recovery rates, and any adverse effects of cleanup construction or disposal activities; (b) The relative cost-effectiveness of the alternatives in achieving the approved site cleanup standards; and (c) The technical effectiveness and reliability of the alternatives. (12/29/95) Sediment Management Standards 173-204-590 (5) Public participation. The department shall provide opportunity for public review and comment on all cleanup action study plans, reports, and decisions reviewed and approved by the department, for cleanup actions conducted under this chapter. (6) Land access. In cases where the person(s) responsible for cleanup is not able to secure access to lands subject to a cleanup action decision made pursuant to this section, the department may facilitate negotiations or other proceedings to secure access to the lands. Requests for department facili- tation of land access shall be submitted to the department in writing by the person(s) named in the cleanup action approval. [Statutory Authority- Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-580, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-590 Sediment recovery zones. (1) The purpose of this section is to set forth the requirements for establishment and monitonng of sediment recovery zones to meet the intent of sediment quality dilution zones authorized pursuant to RCW 90.48.520. The standards of this section are applicable to cleanup action decisions made pursuant to WAC 173-204-580 where selected actions leave in place manne, low salinity, or freshwater sediments that exceed the applicable sediment quality standards of WAC 173-204-320 through 173-204-340 (2) General requirements. Authorization of a sediment recovery zone by the department shall require compliance with the following general requirements. (a) The sediment recovery zone shall be determined by application of the department's sediment recovery zone com- puter models "CORMiX," "PLUMES," and/or "WASP," or an alternate sediment recovery zone model(s) approved by the department under WAC 173-204-130(4) as limited by the standards of this section and the department's best profes- sional judgment. (b) The department shall provide specific authorization for a sediment recovery zone within the written approval of the cleanup study report and cleanup decision required under WAC 173-204-580. (c) The time period during which a sediment recovery zone is authorized by the department shall be so stated in the department's written approval of the cleanup study report and cleanup decision. (d) The department's written sediment recovery zone authorization shall identify the legal location and landowners of property proposed as a sediment recovery zone. (e) Operational terms and conditions for the authonzed sediment recovery zone pursuant to subsection (5) of this sec- tion shall be maintained at all times. (f) Where cleanup is not practicable pursuant to the anal- ysis under WAC 173-204-570(4), sediment recovery zones may be authorized for periods in excess of ten years. (3) A sediment recovery zone authorization issued by the department under the authority of chapter 90.48 or 70.105D RCW, or other administrative means available to the depart- ment, does not constitute authorization to trespass on lands not owned by the applicant. These requirements do not address, and in no way alter, the legal nghts, responsibilities, (12/29/95) or liabilities of the permittee or landowner of the sediment recovery zone for any applicable requirements of propnetary, real estate, tort, and/or other laws not directly expressed as a requirement of this chapter. (4) Prior to authorization, the department shall make a reasonable effort to identify and notify all landowners affected by the proposed sediment recovery zone. The depart- ment shall issue a sediment recovery zone notification letter to any person it believes to be a potentially affected land- owner and other parties determined appropriate by the department. The notification letter shall be sent by certified mail, return receipt requested, or by personal service. The notification letter shall provide: (a) The name of the person the department believes to be the affected landowner; and (b) The names of other affected landowners to whom the department has sent a proposed sediment recovery zone noti- fication letter; and (c) The name of the sediment recovery zone applicant; and (d) A general description of the proposed sediment recovery zone including the chemical(s) of concern by name and concentration, and the area of affected sediment; and (e) The determination of the department concerning whether the proposed sediment recovery zone application meets the standards of this section; and (f) The intention of the department whether to authorize the proposed sediment recovery zone; and (g) Notification that the affected landowner may com- ment on the proposed sediment recovery zone Any land- owner comments shall be submitted in writing to the depart- ment within thirty days from the date of receipt of the notifi- cation letter, unless the department provides an extension. (5) As determined necessary by the department, opera- tional terms and conditions for the sediment recovery zone may include completion and submittal to the department of discharge effluent and/or receiving water column and/or sed- iment chemical monitoring studies and/or bioassays to eval- uate ongoing water quality, sediment quality, and biological conditions within and adjacent to the proposed or authorized sediment recovery zone. (6) The department shall review all data or studies con- ducted in accordance with a sediment recovery zone authori- zation to ensure compliance with the terms and conditions of the authorization and the standards of this section. Whenever, in the opinion of the department, the operational terms and conditions of a sediment recovery zone or the standards of this section are violated or there is a potential to violate the sediment recovery zone authorization or the standards of this section, or new information or a reexamination of existing information indicates the sediment recovery zone is no longer appropriate, the department may at its discretion (a) Require additional chemical or biological monitoring as necessary; (b) Revise the sediment recovery zone authorization as necessary to meet the standards of this section, (c) Require active contaminated sediment maintenance actions including additional cleanup in accordance with the standards of WAC 173-204-500 through 173-204-580; and/or [Ch. 173-204 WAC—p. 27] 173-204-600 Sediment Management Standards (d) Withdraw the department's authorization of the sedi- ment recovery zone. [Statutory Authority RCW 90 48.220. 96-02-058, § 173-204-590, filed 12/29/95, effective 1/29/96. Statutory Authority Chapters 43 21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-590, filed 3/27/91, effective 4/27/91 ] PART VI—SAMPLING AND TESTING PLANS/RECORDKEEPING WAC 173-204-600 Sampling and testing plan stan- dards. (1) Applicability. These standards apply to: (a) Any person who samples sediments to determine compliance with this chapter; (b) Any person who makes application to the department for authorization of a sediment impact zone under the stan- dards of WAC 173-204-400 through 173-204-420; and (c) Any person who samples sediments consistent with cleanup action plans approved and cleanup actions conducted under this chapter. (2) All applicable persons shall at a minimum, develop, keep, and abide by a sediment sampling and testing plan. The sampling and testing plan shall be available for inspection at the request of the department. Sediment sampling and testing plans shall identify sampling dates, sample types, sample depths, sample composites, sample locations, sample posi- tioning methods, sampling personnel, sampling equipment and methods, a description of methods of chemical analysis and biological testing, and quality assurance/quality control procedures. (3) Sediment sampling locations and procedures and testing protocols and interpretations shall be those included in the Puget Sound protocols as amended and/or other meth- ods approved by the department. (4) The department reserves the right to revise these sampling and testing protocols when: (a) The Puget Sound protocols are modified or updated per the approval of the department; or (b) The department determines the Puget Sound proto- cols are not applicable to, or appropriate for analysis of sedi- ment chemical contaimnation in any given case. [Statutory Authority• Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-600, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-610 Records management. (1) Appli- cability. These standards apply to: (a) Any person who samples sediments to determine compliance with this chapter; (b) Any person who makes application to the department for authorization of a sediment impact zone under the stan- dards of WAC 173-204-400 through 173-204-420. (2) All applicable persons shall keep sediment sampling and testing records as follows: (a) Sediment sampling and testing plans which identify sampling dates, sample types, sample composites, sample locations, sample depths, sample positioning method, samp- ling personnel, sampling equipment and methods, quality assurance/quality control plans, and sampling procedures. (b) Sediment removal records which identify removal dates, dredging contractor/equipment, volume of sediment [Ch. 173-204 WAC—p. 28] removed, analytical data generated during the sediment removal process, and sediment disposal location(s) (c) Records and results of sediment analyses conducted in accordance with this chapter, or as required under activi- ties authorized under chapter 173-225 WAC, establishment of implementation procedures of application for certification (d) Records and results of inspections conducted as required under chapter 173-225 WAC, establishment of implementation procedures of application for certification. (e) Sediment treatment records. (1) Sediment onsite capping records. (g) Sediment disposal records which identify sediment disposal location(s), onsite operating records, sediment vol- umes, disposal site property owner(s), and the chemical/biological nature of effluent discharges from the disposal location including the name, location, and quality of the receiving water. (3) All sediment records as required under subsection (2) of this section must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of the department who is designated by the director. (4) All sediment records as required in this section shall be maintained for a period not less than ten years after the issuance, modification, or renewal of the applicable permit, or administrative order, or certification, or cleanup site delist- ing under WAC 173-204-540(6), whichever is greater. [Statutory Authority Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-610, filed 3/27/91, effec- tive 4/27/91 ] WAC 173-204-620 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected. [Statutory Authority Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW 91-08-019 (Order 90-41), § 173-204-620, filed 3/27/91, effec- tive 4/27/91 1 (12/29/95) • • • CHAPTER 173-218 WAC UNDERGROUND INJECTION CONTROL PROGRAM Last Update: 2/29/84 WAC 173-218-010 Purpose. 173-218-020 Policy enunciated. 173-218-030 Definitions. 173-218-040 Authorization required. 173-218-050 Class I injection wells. 173-218-060 Class II infection wells. 173-218-070 Class III injection wells. 173-218-080 Class IV injection wells. 173-218-090 Class V injection wells. 173-218-100 Permit terms and conditions. 173-218-110 Enforcement. WAC 173-218-010 Purpose. (1) The purpose of this chapter is to set forth the procedures and practices applicable to the injection of fluids through wells. (2) Permits issued in accordance with the provisions of this chapter are designed: (a) To satisfy the intent and requirements of Part C of the Federal Safe Drinking Water Act (SDWA) 42 U.S.C. § 300h et seq. as authorized by RCW 43.21A.445 and of the Water Pollution Control Act, chapter 90.48 RCW; and (b) To preserve and protect ground waters, including underground sources of drinking water, for existing and future beneficial uses. [Statutory Authority: RCW 43.21A.445 84-06-023 (Order DE 84-02), § 173-218-010, filed 2/29/84.] WAC 173-218-020 Policy enunciated. (1) It shall be the policy of the department of ecology in carrying out the purposes of this chapter: (a) To maintain the highest possible standards to prevent the injection of fluids that may endanger ground waters which are obtainable for beneficial uses or which contain fewer than 10,000 mg/L of total dissolved solids; (b) To require the use of all known, available, and reasonable methods to prevent and control the discharge of fluids and waste fluids into the waters of the state; (c) To protect public health and welfare through preservation and protection of the quality of the state's ground waters. (2) Consistent with this policy: (a) The disposal of waste fluids from industrial, commercial, or municipal sources into wells Chapter 173-218 WAC 1 1 1 Ecology Edition • • • will not be authorized by the department, except that existing operations are authorized providing these operations satisfy the standards and requirements of this chapter; (b) The department will act to prevent the disposal of waste fluids that present a risk to human health, including the potential, chronic effects of lifetime exposure to waste fluids. [Statutory Authonty: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-020, filed 2/29/84.] WAC 173-218-030 Definitions. (1) `Beneficial uses" shall include, among others, uses for domestic water, irrigation, fish, shellfish, game, and other aquatic life, municipal, recreation, industrial water, generation of electric power, and navigation. (2) 'Class I injection well" means a well used to inject industrial, commercial, or municipal waste fluids beneath the lowermost formation containing, within 1/4—mile of the well bore, an USDW. (3) 'Class II injection well" means a well used to inject fluids: (a) Brought to the surface in connection with conventional oil or natural gas exploration or production and may be commingled with wastewaters from gas plants which are an integral part of production operations, unless those waters are classified as dangerous wastes at the time of injection; (b) For enhanced recovery of oil or natural gas; or (c) For storage of hydrocarbons which are liquid at standard temperature and pressure. (4) `Class III injection well" means a well used for extraction of minerals, including but not limited to the injection of fluids for: (a) In-situ production of uranium or other metals that have not been conventionally mined; (b) Mining of sulfur by Frasch process; or (c) Solution mining of salts or potash. (5) `Class IV injection well" means a well used to inject dangerous or radioactive waste fluids. (6) 'Class V injection well" means all injection wells not included in Classes I, II, III, or IV (7) "Dangerous waste" means any discarded, useless, unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides or any residues or containers of such substances, which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes: (a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, tertogenic, or carcinogenic properties; or (b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means (Hazardous Waste Disposal Act, chapter 70.105 RCW). (8) "Department" means department of ecology. (9) `Fluid" means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state. (10) "Ground waters" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this Chapter 173-218 WAC 121 Ecology Edition • • • state, whatever may be the geological formation or structure in which such water stands or flows, percolates, or otherwise moves (Regulation of public ground waters, chapter 90.44 RCW). (11) `Injection well" means a "well" that is used for the subsurface emplacement of fluids. (12) "New injection well" means an injection well that is proposed subsequent to the effective date of this chapter. (13) `Person" includes any political subdivision, local, state, or federal government agency, municipality, industry, public or private corporation, partnership, association, firm, individual, or any other entity whatsoever. (14) `Radioactive waste" means any waste which contains radioactive material in concentrations which exceed those listed in 10 Code of Federal Regulations Part 20, Appendix B, Table II, Column 2. (15) "SDWA" means Part C of the Federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq. (16) "Underground source of drinking water (USDW)" means ground waters which contain fewer than 10,000 mg/L of total dissolved solids or which are obtainable for beneficial uses. (17) "Waste fluid" means any discarded, abandoned, unwanted, or unrecovered fluid(s), except the following are not waste fluids for the purposes of this chapter: (a) Discharges into the ground or ground water of return flow, unaltered except for temperature, from a ground water heat pump used for space heating or cooling: Provided, That such discharges do not have significant potential, either individually or collectively, to affect ground water quality or beneficial uses; (b) Discharges of stormwater that are not contaminated or potentially contaminated by industrial or commercial sources. (18) "Well" means a bored, drilled or driven shaft, or dug hole whose depth is greater than the largest surface dimension. [Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-030, filed 2/29/84.] WAC 173-218-040 Authorization required. No fluids may be injected through wells except as authorized pursuant to this chapter. [Statutory Authority- RCW 43.21A.445 84-06-023 (Order DE 84-02), § 173-218-040, filed 2/29/84.] WAC 173-218-050 Class I injection wells. (1) New Class I injection wells are prohibited. (2) All persons operating an existing Class I injection well operation must apply to the department for approval to operate within one year of the effective date of this chapter. (3) The department will accept, process, and act upon the application in accordance with applicable requirements as contained in 40 Code of Federal Regulations Parts 124 and 144 as published in Federal Register Volume 48, #64 (Apnl 1, 1983) and Part 146 as published in Federal Register Volume 45, #123 (June 24, 1980), Volume 46, #166 (August 27, 1981) and Volume 47, #23 (February 3, 1982). [Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-050, filed 2/29/84.] Chapter 173-218 WAC [ 31 Ecology Edition • • • WAC 173-218-060 Class II injection wells. (1) Any person, who proposes to conduct or is conducting a Class II injection well operation, as defined in WAC 173-218-030 (3)(a), must notify the oil and gas conservation committee (OGCC) in accordance with the provisions of general rules, chapter 344-12 WAC. (2) The department shall perform review, evaluation, and approval in accordance with the provisions of general rules, chapter 344-12 WAC. (3) The department shall process a Class II injection well application, as defined in WAC 173- 218-030 (3)(a), in accordance with applicable requirements as contained in 40 Code of Federal Regulations Parts 124 and 144 as published in Federal Register Volume 48, #64 (April 1, 1983) and Part 146 as published in Federal Register Volume 45, #123 (June 24, 1980), Volume 46, #166 (August 27, 1981) and Volume 47, #23 (February 3, 1982). (4) At present, there appears to be no reasonable likelihood that approval will be sought for a Class II injection well for either enhanced recovery of oil or natural gas or for storage of liquid hydrocarbons; therefore, Class II injection wells as defined in 173-218-030 (3)(b) and (3)(c) are not authorized. If it appears likely that approval will be sought for either of these types of injection wells, these regulations will be amended to include an appropriate regulatory program. [Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-060, filed 2/29/84 ] WAC 173-218-070 Class III injection wells. At present, there appears to be no reasonable likelihood that approval will be sought for a Class III injection well; therefore, Class III injection wells are not authorized. If it appears likely that approval will be sought for a Class III injection well, these regulations will be amended to include an appropriate regulatory program. [Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-070, filed 2/29/84 ] WAC 173-218-080 Class IV injection wells. Class IV injection wells are prohibited regardless of proximity to USDW. [Statutory Authority. RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-080, filed 2/29/84 ] WAC 173-218-090 Class V injection wells. (1) All new Class V infection wells that inject industrial, municipal, or commercial waste fluids into or above an USDW are prohibited. (2) All persons operating an existing Class V injection well, that inject industnal, commercial, or municipal waste fluids into or above an USDW, must apply to the department for approval to operate within one year of the effective date of this regulation. The department will accept, process, and act upon the application in accordance with the procedures and practices of the State waste discharge permit program, chapter 173-216 WAC. (3) All other Class V injection well owners and operators must notify the department of the location of injection wells within one year of approval of the state underground injection Chapter 173-218 WAC [ 4 ] Ecology Edition • • • control program by the United States Environmental Protection Agency. The notification shall be on a form as prescribed by the department and will include the information needed to satisfy the requirements of 40 Code of Federal Regulations Part 146.52. [Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-090, filed 2/29/84.] WAC 173-218-100 Permit terms and conditions. (1) Any permit issued by the department shall specify conditions necessary to prevent and control injection of fluids into the waters of the state, including the following, whenever applicable: (a) All known, available, and reasonable methods of prevention, control, and treatment; (b) Applicable requirements as contained in 40 Code of Federal Regulations Parts 124 and 144 as published in Federal Register Volume 48, #64 (Apnl 1, 1983) and Part 146 as published in Federal Register Volume 45, #123 (June 24, 1980), Volume 46, #166 (August 27, 1981) and Volume 47, #23 (February 3, 1982); and (c) Any conditions necessary to preserve and protect USDW. (2) Any injection well that causes or allows the movement of fluid into an USDW that may result in a violation of any primary drinking water standard under 40 Code of Federal Regulations Part 141 or that may otherwise adversely affect the beneficial use of an USDW is prohibited. [Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-100, filed 2/29/84 ] WAC 173-218-110 Enforcement. (1) For violations of this chapter, the department shall have the remedies available in the Water Pollution Control Act, chapter 90.48 RCW, and all other applicable statutes. (2) All injection well operations not operated in accordance with the provisions of this chapter, that cause or tend to cause entry of fluids into the waters of the state as a result of a violation of these provisions, constitutes pollution of the waters of the state in violation of RCW 90.48.080. [Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-110, filed 2/29/84.] Chapter 173-218 WAC 1 51 Ecology Edition • • Chapter 173-221A WAC WASTEWATER DISCHARGE STANDARDS AND EFFLUENT LIMITATIONS Last Update: 10/31/95 WAC 173-221A-010 Purpose and scope. 173-221A-020 Policy. 173-221A-030 Definitions. 173-221A-100 Upland finfish facilities 173-221A-110 Marine finfish reanng facilities. 173-221A-150 Enforcement. WAC 173-221A-010 Purpose and scope. This chapter implements chapters 43.21A, 90.48, 90.52, and 90.54 RCW by setting minimum discharge standards which represent `known, available, and reasonable methods" of prevention, control, and treatment for industrial wastewater facilities that discharge to waters of the state. This chapter supplements WAC 173-216-110, 173-218-100, and 173-220-130. [Statutory Authority: Chapter 90.48 RCW. 90-14-078 (Order 90-11), § 173-221A-010, filed 7/3/90, effective 8/3/90.] WAC 173-221A-020 Policy. Waters of the state shall be of the high quality. Regardless of the quality of the waters of the state, all wastes and other materials and substances proposed for entry into said waters shall be provided with all known, available, and reasonable methods of treatment prior to entry. Notwithstanding that standards of quality established for waters of the state would not be violated, wastes and other materials and substances shall not be allowed to enter such waters which will reduce the existing quality thereof, except m those situations where it is clear that overriding considerations of the public interest will be served. [Statutory Authority- Chapter 90 48 RCW 90-14-078 (Order 90-11), § 173-221A-020, filed 7/3/90, effective 8/3/90 ] WAC 173-221A-030 Definitions. As used in this chapter, unless the context indicates otherwise. "Department" means the department of ecology. "Director" means the director of the department of ecology, or designee. "General NPDES permit" means a permit designed to cover multiple dischargers of a point source category within a designated geographical area, in lieu of individual permits being issued to each discharger. "Individual NPDES permit" means a permit for a single point source or a single facility. "Marine finfish rearing facilities" means those private and public facilities located within the salt water of the state where finfish are fed, nurtured, held, maintained, or reared to the size of Chapter 173-221A WAC 1 1 1 Ecology Edition • • • release or for market sale. "NPDES" means National Pollutant Discharge Elimination System. "Permit or wastewater discharge permit" means an authorization, license, or equivalent control document issued by the department to implement chapters 173-220, 173-226, and/or 173-216 WAC. "Sediment quality standards" means the standards set forth in chapter 173-204 WAC. "Upland finfish facility" means those facilities not located within waters of the state where finfish are hatched, fed, nurtured, held, maintained, or reared to reach the size of release or for market sale. This includes fish hatcheries, rearing ponds, spawning channels, and other similarly constructed or fabricated public or private facility. "Wastewater" means the water or liquid carried waste. These wastes may result from any process or activity, including but not limited to, of industry, manufacturer, trade, business, development of any natural resource, or from animal operations such as feed lots, poultry houses, dairies, or fish rearing operations. The term also includes contammated storm water and leachate from solid waste facilities. "Water quality standards" means as applicable: Chapter 173-201A WAC for surface waters, chapter 173-200 WAC for ground waters, and chapter 173-204 WAC for sediment. "Waters of the state" includes those waters as defined as "waters of the United States" in 40 CFR 122.2 within the geographic boundanes of Washington state and "waters of the state" as defined in RCW 90.48.020 "40 CFR" means Title 40 of the Code of Federal Regulations, as presently promulgated and subsequently amended or repromulgated. [Statutory Authonty: RCW 90 48.220. 95-22-079 (Order 93-26), § 173-221A-030, filed 10/31/95, effective 12/1/95 Statutory Authority: Chapter 90.48 RCW 90-14-078 (Order 90-11), § 173-221A-030, filed 7/3/90, effective 8/3/90.] WAC 173-221A-100 Upland finfish facilities. (1) Which types of upland finfish facilities need a wastewater discharge permit? (a) A permit is required for: (1) All facilities which produce more than 20,000 net pounds of finfish a year; or (ii) Feeds more than 5,000 pounds of fish food during any calendar month; or (iii) Is designated as a significant contributor of pollution by the department in accordance with 40 CFR 122.24. (b) Facilities which do not require a permit under (a) of this subsection are conditionally exempt from the requirement to obtain a wastewater discharge permit provided they comply with subsections (2) through (6) of this section. (2) Time of compliance. Each upland finfish rearing facility which requires a wastewater discharge permit in accordance with subsection (1) of this section shall submit a completed application form to the department at least one hundred eighty days in advance of the date when permit coverage is deemed necessary. (3) Prevention, control, and treatment. Each upland finfish facility shall provide treatment prior to discharging to waters of the state regardless of receiving water quality. The minimum Chapter 173-221A WAC 1 2 1 Ecology Edition • • • acceptable technology-based treatment requirements for upland finfish facilities required to obtain permits including general wastewater discharge permits are: (a) For facilities that use a vacuum cleaning system, standpipe bottom -drain system or other method to remove solids from the water, raceways or ponds, with treatment in a separate settling basin or treatment system: (i) All facilities utilizing off-line settling shall incorporate into the pond or raceway design methods to collect settleable solids. Methods such as screened settling zones in the downstream end at raceways shall be used to collect settleable solids prior to periodic removal to off-line settling basins. (ii) The settling basin shall be designed to minimize short-circuiting and to provide a minimum total suspended solids average monthly percent removal of 85% and an average monthly settleable solids percent removal of 90%. (iii) Turbulent flow shall be minimized within the cleaning system to avoid homogenization or solids. (iv) Rearing of fish within the settling basin is not permitted. (b) For facilities that provide in-line settling for the entire effluent; (i) The settling basin shall be designed to minimize hydraulic short-circuiting. (ii) The settling basin shall be designed to provide at least a twenty year sludge decomposition and storage capacity unless provisions are made for periodic sludge removal without interruption in treatment. (iii) Rearing of fish within the settling basin is prohibited. (c) For facilities with rearing ponds only, no other form of effluent treatment shall be required, provided the rearmg pond has a minimum hydraulic retention time of two hours or more. Rearing vessels with less than two hours hydraulic retention time may be approved by the department in writing without additional treatment provided the applicant can demonstrate to the department, in advance, the ability to continuously comply with effluent limits established in subsection (4)(a) of this section. (d) Each upland finfish facility that begins construction after September 1, 1990, or expands production by fifty percent over the production on the effective date of this rule shall either. (i) Line all settling basins or otherwise ensure that the static (i.e., without inflow) seepage rate through the settling basin bottom and sides shall not be greater than a water surface drop of 0.10 inch per day; or (ii) Demonstrate to the department through hydrogeologic investigation and/or ground water monitoring that the operation of the facility will not have an adverse impact upon ground water quality. (e) Notwithstanding the treatment requirements of this subsection, more stringent or additional conditions may be required by the department as necessary on a case-by-case basis to mitigate adverse water quality impacts or meet water quality standards, ground water standards, sediment standards or other applicable requirements of federal or state law. (4) Effluent standards. Wastewater from all upland finfish facilities regardless of size shall meet the following effluent discharge standards. Chapter 173-221A WAC I 3 Ecology Edition • • • (a) Facility discharges. (i) The instantaneous maximum total suspended solids concentration in the effluent at the point of discharge to the receiving environment shall not exceed 15 milligrams per liter of effluent. (ii) The average total suspended solids concentration in the effluent at the point of discharge to the receiving environment shall not exceed 5 milligrams per liter of effluent. (iii) The average settleable solids concentration in the effluent at the point of discharge to the receiving environment shall not exceed 0.1 milliliter per liter of effluent. (iv) Effluent limitations shall apply as net values provided the criteria contained in 40 CFR 122.45 (net gross allowance) are met. (b) Off-line settling basin effluent. (i) The instantaneous maximum total suspended solids concentration shall not exceed 100 milligrams per liter of effluent. (ii) The instantaneous maximum settleable solids concentration in off-line settling basin effluent shall not exceed 1.0 milliliter per liter of effluent. (c) Discharges during rearing pond drawdown for fish release shall meet the following discharge standards. Pond drawdown for purposes other than fish release shall meet the discharger standards in (a) of this subsection. (i) The instantaneous maximum total suspended solids concentration in the rearing pond effluent shall not exceed 100 milligrams per liter. (ii) The instantaneous maximum settleable solids concentration in the reanng pond effluent shall not exceed 1.0 milliliter per liter. (d) Test procedures. All sampling and analytical methods used to determine compliance with standards specified in this subsection shall, unless otherwise approved by the department, conform to the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136. (e) Notwithstanding the numerical discharge standards within this subsection, each upland finfish facility shall be operated in the most efficient manner possible. Additional effluent limits and/or more stringent effluent limits may be required as necessary on a case-by-case basis to meet water quality standards, ground water quality standards, sediment quality standards, or other applicable requirements of federal or state law. (5) General requirements. The following practices shall be applicable to all upland finfish facilities. (a) Sand, silt, mud, solids, sludges, filter backwash, debris, or other pollutants deposited or removed m the course of treatment or control of water supply and wastewaters shall be disposed of in a manner so as to prevent such matenals from entenng waters of the state (b) Discharging untreated cleaning wastes (e.g., obtained from a vacuum or standpipe bottom drain system) to waters of the state is prohibited. (c) Sweeping or intentionally discharging accumulated solids from raceways or ponds to waters of the state without prior treatment is prohibited. (d) Practices such as removing dam boards in raceways or ponds, that allow accumulated Chapter 173-221A WAC [ 4 l Ecology Edition • • • solids to discharge to waters of the state are prohibited. (e) The discharge of any drugs or chemicals in toxic amounts or in violation of water quality standards to waters of the state is prohibited. (0 Disease control chemical use practices. The following requirements only apply to those drugs and chemicals included in feed or administered by a bath or dip treatment which results or may result in those materials being discharged to waters of the state. These requirements do not apply to drugs and chemicals administered by injections or by dip treatments which results in no discharge to waters of the state. (1) Disease control chemicals and drugs approved for hatchery use by the United States Food and Drug Administration (USFDA) or the United States Environmental Protection Agency (USEPA) may be used. (ii) USFDA approved Investigational New Animal Drugs (INADs) may also be used at a facility, provided the conditions detailed in a facility's INAD permit application are met. (iii) All disease control drug and chemical use must be done in conformance with product label instructions, approved INAD protocols, or be administered by or under the supervision of a licensed vetennarian. (iv) Disease control drugs and chemicals which are not used in accordance with product label instructions, or under USFDA approved INAD protocols must: (A) Be administered by or under the supervision of a licensed veterinanan; and (B) Be approved in advance by the department. (v) The department may require disease control drug and chemical use reports from each facility. (g) Fish mortalities, kill spawning, processing wastes, and any leachate from these matenals shall be disposed of in a manner so as to prevent such materials from entering the waters of the state. (h) Right of entry. (i) Authorized representatives of the department, upon presentation of identification shall be allowed to: (A) Enter in or upon the facility at all reasonable times; (B) Have access to and copy at all reasonable times any records relative to information that must be kept or provided the department under the terms of, as applicable: The conditional exemption or wastewater discharge permit; (C) Inspect, investigate, and photograph at all reasonable times any production, collection, treatment, pollution management, monitoring, or discharge equipment or facilities, or any conditions relating to pollution or possible pollution of any waters of the state; (D) Sample and make tests at all reasonable times; and (E) The term `Yeasonable times" shall include normal business hours, hours during which production, prevention, control, or treatment occurs or times when the department reasonably suspects a violation of this chapter is or may be occurring. Chapter 173-221A WAC 1 51 Ecology Edition • • • (6) Receiving water quality studies. Receiving water quality studies shall be required as follows for each upland finfish facility which begins construction after September 1, 1990, or expands production by fifty percent over the production on the effective date of this rule. Existing facilities may be required to do receiving water studies on a case-by-case basis. Dilution shall be evaluated by the department using total facility effluent at maximum production at the lowest seven-day average receiving stream flow with a 10 -year recurrence interval (7Q10). (a) For facilities with a discharge of one part upland finfish facility effluent to ten parts or more of receiving water, receiving water studies are not required unless significant data indicates water quality standards would be violated. (b) For facilities with an effluent dilution of between one part upland finfish facility effluent to three parts receiving water and one part effluent to ten parts receiving water, receiving water studies may be required by the department. The department shall provide the upland finfish operator or permit applicant with written documentation on the need for receiving water studies upon request. Factors to be considered by the department in determining the need for and objectives of special receiving water studies may include, but are limited to, the following: (i) The water quality classification of the receiving water of the state; (ii) The potential water quality impacts of surrounding land use practices and/or existing and proposed discharges including the proposed upland finfish hatching and rearing facility; (iii) The likelihood that the proposed discharge will have an effect on existing water quality and/or present or future beneficial uses; (iv) The proximity of the discharge to a quiescent water body such as a lake or a reservoir; (v) On-site inspection; (vi) The potential of the discharge to have an adverse impact on receiving water quality such that water quality standards would be violated; and (vii) Possible beneficial impacts of upland finfish discharges on existing water quality such as flow augmentation. (c) For facilities with an effluent dilution of one part upland finfish facility effluent to three parts or less of receiving waters, receiving water quality studies will generally be required for new facilities and may be required on a case-by-case basis for existing facilities. (d) Receiving water quality studies content and scope shall include, as required by the department an analysis of the proposed facilities discharge and any impacts upon the receiving water of the state, including, but not limited to, the following. (i) Identification of existing and potential beneficial uses of the receiving water of the state and an evaluation of the impact on those beneficial uses of the proposed discharge; (11) Hydraulic impacts; (iii) The impacts of both nitrogen and phosphorous compounds and the potential for eutrophication of the receiving waters; (iv) The use of chemicals and medications within the facility, their toxicity, and the impacts on the receiving waters; (v) The effect of the facilities on receiving water temperature and dissolved oxygen Chapter 173-221A WAC 1 6 ] Ecology Edition • • • concentrations; and (vi) The potential for impacting any specified identified water use. (vii) Possible beneficial impact of upland finfish discharges on existing water quality such as flow augmentation. [Statutory Authority. RCW 90.48.220. 95-22-079 (Order 93-26), § 173-221A-100, filed 10/31/95, effective 12/1/95. Statutory Authority: Chapter 90 48 RCW 90-14-078 (Order 90-11), § 173-221A-100, filed 7/3/90, effective 8/3/90.] WAC 173-221A-110 Marine finfish rearing facilities. (1) This rule sets waste discharge standards for finfish rearing facilities located within marine waters as required by RCW 90.48.220. Net -pens, floating raceways, closed bag, and barge systems are some examples of finfish rearing facilities covered by this section. (2) Which types of marine finfish rearing facilities need a wastewater discharge permit? (a) A permit is required for: (i) All facilities which produce more than 20,000 net pounds of finfish a year; or (ii) Feeds more than 5,000 pounds of fish food during any calendar month; or (iii) Is designated as a significant contributor of pollution by the department in accordance with 40 CFR 122.24. (b) Facilities which do not require a permit under (a) of this subsection are conditionally exempt from the requirement to obtain a state waste discharge permit under chapter 173- 216 WAC provided they comply with subsections (3) through (5) of this section. (3) Time of compliance. (a) Each manne finfish rearing facility which requires a wastewater discharge permit in accordance with subsection (2) of this section shall submit a completed application form to the department at least one hundred eighty days in advance of the date when permit coverage is deemed necessary. (b) Existing unpermitted marine finfish rearing facilities which require a waste discharge permit in accordance with subsection (2) of this section shall file a completed application form with the department by January 31, 1996 (4) Requirements applicable to all marine finfish rearing facilities. All manne finfish reanng facilities regardless of size, shall be operated so as to: (a) Comply with all applicable state water quality standards and sediment quality standards. (b) Comply with the following general requirements meant to reduce pollutants in the effluent: (i) Feeding practices. Fish food shall be dispersed in a manner which maximizes ingestion by the reared fish. (n) Disease control chemical use practices. The following requirements only apply to those drugs and chemicals included in feed or administered by a bath or dip treatment which results or may result in those matenals being discharged to waters of the state. These requirements do not apply to drugs and chemicals administered by injections or by dip treatments which results in no discharge to waters of the state. (A) Disease control chemicals and drugs approved for use by the United States Food Chapter 173-221A WAC 1 71 Ecology Edition • i • and Drug Administration (USFDA) or the United States Environmental Protection Agency (USEPA) may be used. (B) USFDA approved Investigational New Animal Drugs (INADs) may also be used at a facility, provided the conditions detailed in a facihtyINAD permit application are met. (C) All disease control drug and chemical use must be done in conformance with product label instructions, approved INAD protocols, or be administered by or under the supervision of a licensed veterinanan. (D) Disease control drug and chemicals which are not used in accordance with product label instructions, or under USFDA approved INAD protocols must: (I) Be administered by or under the supervision of a licensed veterinarian; and (II) Be approved in advance by the department. (E) The department may require disease control drug and chemical use reports from each facility. (iii) Right of entry. Authorized representatives of the department, upon presentation of identification shall be allowed to: (A) Enter in or upon the facility at all reasonable times; (B) Have access to and copy at all reasonable times any records relative to information that must be kept or provided the department under the terms of, as applicable: The conditional exemption or wastewater discharge permit; (C) Inspect, investigate, and photograph at all reasonable times any production, collection, treatment, pollution management, monitoring, or discharge equipment or facilities, or any conditions relating to pollution or possible pollution of any waters of the state; (D) Sample and make tests at all reasonable times; and (E) The term `Yeasonable times" shall include normal business hours, hours dunng which production, prevention, control, or treatment occurs or times when the department reasonably suspects a violation of this chapter is or may be occurring. (iv) Operational conditions. (A) Fish mortalities, harvest blood, and any leachate from these materials shall be stored and disposed of in a manner so as to prevent such materials from entering the waters of the state. (B) Accumulated solids and attached manne growth contained within or on the finfish rearing units shall be disposed of in a manner which prevents, to the maximum extent practicable, these materials from entering or reentering waters of the state. (C) Discharging accumulated solids and marine growth removed from the finfish rearing units into waters of the state without prior treatment is prohibited. (D) Storage quantities of all necessary chemicals, petroleum products, and potentially toxic substances essential to the day-to-day operation of the facility shall be minimized. These products shall be kept in leak proof storage areas which provide secondary containment. (c) Pollution prevention plan. All marine finfish reanng facilities shall develop a pollution Chapter 173-221A WAC 1 81 Ecology Edition • • • prevention plan within six months of permit issuance. Facilities which do not require discharge permits shall prepare and implement a pollution prevention plan within a year of the adoption date of this rule, or when fish are introduced, whichever is later. (i) The plan shall address: Operating, spill prevention, spill response, solid waste, and storm water discharge practices which prevent or minimize the release of pollutants from the facility to the waters of the state. (ii) Each facility shall be operated in accordance with its plan along with any subsequent plan amendments or revisions (iii) A copy of the most current version of the plan shall be maintained at the facility and available to the department upon request. (5) Environmental studies. The purpose of these studies shall be to determine the potential of the discharge from a marine finfish rearing facility to have an adverse impact on existing water quality and sediment quality. (a) Environmental studies shall be required as necessary to determine compliance with applicable water quality standards for each new facility which begins construction after November 1, 1995, or for each permitted facility which expands production by fifty percent over the permitted production on the effective date of this rule. Permitted production means the production level authorized for a facility in a waste discharge permit issued pursuant to chapter 90.48 RCW or shoreline permit issued pursuant to chapter 90.58 RCW. Existing facilities may be required to do environmental studies on a case-by- case basis. (b) Environmental monitoring and reporting programs will be required to ensure the discharge from a facility complies with state water quality standards and sediment management standards. The department may require environmental monitoring programs through the issuance of wastewater discharge permits, and/or through administrative orders. [Statutory Authority: RCW 90 48.220 95-22-079 (Order 93-26), § 173-221A-110, filed 10/31/95, effective 12/1/95 ] WAC 173-221A-150 Enforcement. This chapter shall be enforced through all legal, equitable, and other methods available to the department, including, but not limited to those described in chapter 90.48 RCW. [Statutory Authority Chapter 90 48 RCW. 90-14-078 (Order 90-11), § 173-221 A-150, filed 7/3/90, effective 8/3/90 ] Chapter 173-221A WAC 1 91 Ecology Edition • • • WAC 173-308-010 173-308-020 173-308-030 173-308-040 173-308-050 173-308-060 173-308-070 173-308-080 173-308-090 173-308-100 173-308-110 173-308-120 173-308-130 173-308-140 173-308-150 173-308-160 173-308-170 173-308-180 173-308-190 173-308-200 173-308-210 173-308-220 173-308-230 173-308-240 173-308-250 173-308-260 173-308-270 173-308-275 173-308-280 173-308-290 173-308-295 173-308-300 173-308-310 173-308-320 173-308-900 Chapter 173-308 WAC BIOSOLIDS MANAGEMENT Authority and purpose. Applicability Relationship to other regulations. Direct enforceability Delegation of authority Biosolids not classified as solid waste. Use of term, "biosolids"—Explanation. Definitions. Requirement for a person who prepares biosolids. Requirement for a person who transports biosolids. Requirement for a person who applies biosolids. Requirement to obtain and provide information. Additional or more stringent requirements. Biosolids sampling and analysis methods. Frequency of biosolids monitoring. Biosolids pollutant limits. Pathogen reduction. Vector attraction reduction. Protecting waters of the state—Agronomic rate require- ment. Exemptions based on the exceptional quality of biosol- ids. Bulk biosolids applied to agricultural land. Bulk biosolids applied to forestland. Bulk biosolids applied to a public contact site. Bulk biosolids applied to a land reclamation site. Bulk biosolids applied to a lawn or home garden. Biosolids sold or given away in a bag or other container Domestic septage management requirements. Contents of signs for land application sites. Requirements for facilities storing biosolids. Recordkeeping. Annual reports. Disposal of municipal sewage sludge or biosolids in municipal solid waste landfill units. Permitting. Permit fees. Appendix A—Procedure to determine the annual whole biosolids application rate. WAC 173-308-010 Authority and purpose. (1) Authority. This chapter is adopted under the authority of chapters 70 95J and 70.95 RCW (2) Purpose. (a) The purpose of this chapter is to protect human health and the environment when biosolids are applied to the land. This chapter encourages the maximum beneficial use of bio - solids, and is intended to conform to all applicable federal rules adopted under the Federal Clean Water Act as it existed on February 4, 1987. (b) This chapter establishes permitting requirements for treatment works treating domestic sewage that engage in applicable biosolids treatment or management practices, including any person, site, or facility that has been designated as a treatment works treating domestic sewage. (c) This chapter establishes standards for the treatment, quality, and management of municipal sewage sludge and domestic septage that are directly enforceable, and that allow these matenals to be classified and managed as biosolids. (d) This chapter establishes requirements, standards, management practices, and monitoring, recordkeeping and reporting requirements that are applicable when biosolids are applied to the land and when municipal sewage sludge is dis- (2/18/98) posed in a municipal solid waste landfill unit as defined in WAC 173-351-100 (e) This chapter establishes fees for permits issued to facilities that engage in applicable biosolids management activities. Fees under WAC 173-308-320 do not apply to persons whose activity is limited to pumping, hauling, temporarily storing, or delivering septage or biosolids to other facilities or land application sites, if: (i) They do not engage in the treatment of the septage or biosolids, (ii) They have not been designated as a treatment works treating domestic sewage; and (iii) The generating and receiving facility or land appli- cation site is in compliance with the requirements of WAC 173-308-310. [Statutory Authority. RCW 70.951.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-010, filed 2/18/98, effective 3/21/98.] WAC 173-308-020 Applicability. (1) Unless otherwise specified in this chapter, these rules apply to the following. (a) A person who prepares biosolids, (b) A person who stores biosolids; (c) A person who applies biosolids to the land, (d) Biosolids that are applied to the land; (e) The land where biosolids are applied, (1) The owner and lease -holder of land where biosolids are applied, (g) A person who disposes of municipal sewage sludge in a municipal solid waste landfill; (h) Municipal sewage sludge that is disposed of in a municipal solid waste landfill. (2) This chapter does not apply to the following munici- pal sewage sludge and biosolids management facilities and practices. (a) The firing of municipal sewage sludge in an inciner- ator (b) The placing or disposal of municipal sewage sludge or biosolids in facilities other than municipal solid waste landfills. (3) Except as provided in (a) and (g) of this subsection, the following solid wastes are not regulated under this chap- ter (a) Sludge generated at an industrial facility during the treatment of industrial wastewater, including sewage sludge generated during the treatment of industrial wastewater com- bined with domestic sewage; sludge generated at an indus- trial facility during the treatment of only domestic sewage is considered municipal sewage sludge subject to the require- ments of this chapter. (b) Sewage sludge determined to be hazardous in accor- dance with chapter 70 105 RCW or rules adopted thereunder [Ch. 173-308 WAC—p. 1] • • • 173-308-030 Biosolids Management (c) Sewage sludge with a concentration of polychlor- inated biphenyls (PCBs) equal to or greater than 50 milli- grams per kilogram of total solids (dry weight basis) (d) Ash generated during the firing of municipal sewage sludge or biosolids in an incinerator. (e) Grit or screenings generated during preliminary treat- ment of domestic sewage in a treatment works. (f) Sludge generated during the treatment of either sur- face water or ground water used for drinking water. (g) Commercial septage, industrial septage, or a mixture of domestic septage and commercial or industrial septage; on a case-by-case basis, on request of the person who applies septage to the land or at the department's discretion, the department may designate the septage in this subsection (3)(g) as septage that is domestic in quality, and require the septage to be managed in accordance with the provisions of this chapter. [Statutory Authority• RCW 70.95J 020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-020, filed 2/18/98, effective 3/21/98.1 WAC 173-308-030 Relationship to other regulations. In addition to the requirements of this chapter, other laws, regulations, and ordinances may also apply to biosolids These include but are not limited to the following: (1) Commercial fertilizers are subject to regulation by the Washington state department of agriculture. The follow- ing statutes and rules apply to biosolids meeting the defini- tion of a commercial fertilizer under chapter 15.54 RCW: (a) Chapter 15.54 RCW - Fertilizers, minerals, and limes, and chapter 16-200 WAC - rules relating to fertilizers, minerals and limes, including requirements for labeling, licensing, and registration; (b) Chapter 19.94 RCW - Weights and measures; and chapter 16-666 WAC - Weights and measures—Packaging and labeling regulations. (2) Except as required in WAC 173-308-100, the transportation of biosolids or municipal sewage sludge is subject to regulation by the Washington state utilities and transportation commission under Title 81 RCW (3) Facilities required to obtain permits under WAC 173- 308-310 must comply with the requirements in chapter 43.21C RCW and the State Environmental Policy Act rules adopted under chapter 197-11 WAC. Public notice and hear- ing requirements under the State Environmental Policy Act may be coordinated with the similar requirements of this chapter (4) Biosolids facilities and sites where biosolids are applied to the land must comply with other applicable fed- eral, state and local laws including zoning and land use requirements. Enforcement of other laws and regulations is the responsibility of the agency with jurisdiction. [Statutory Authority• RCW 70.95J.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-030, filed 2/18/98, effective 3/21/98.] WAC 173-308-040 Direct enforceability. All persons and facilities subject to the requirements of this chapter must comply with these rules on the effective date of the applicable regulation, regardless of whether or not a permit has been issued under WAC 173-308-310 [Ch. 173-308 WAC—p. 2] [Statutory Authority. RCW 70.95J 020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-040, filed 2/18/98, effective 3/21/98.] WAC 173-308-050 Delegation of authority. (1) Upon the request of a local health department, the department may delegate authority to implement and assist in the administra- tion of appropriate portions of this chapter. Delegation must be consistent with any applicable state - EPA agreement regarding delegation of federal biosolids pro- gram authority. (2) Method of delegation. (a) Delegation will be accomplished through an instru- ment of mutual consent that is acceptable to both the depart- ment and the local health department seeking delegation. (b) The department may revoke part or all of a delegation of authority under this section if it finds that a local health department has failed to adequately carry out any portion of a delegated responsibility. (c) As an alternative to revocation of local delegation under (b) of this subsection, the department may correct any deficiencies in a locally approved state permit element by implementing the requirements of this chapter in a separate state approved land application plan or permit. In such case the requirements of the state plan or permit will be in addition to or take precedent over local requirements. (3) Contents of delegation agreements. At a minimum, delegation agreements must specify the authorities and responsibilities that are being delegated to a local health department. Other authorities and responsibilities are assumed to be retained by the department. [Statutory Authority- RCW 70.951.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-050, filed 2/18/98, effective 3/21/98.] WAC 173-308-060 Biosolids not classified as solid waste. (1) The state of Washington recognizes biosolids as a valuable commodity. Biosolids are not solid waste and are not subject to regulation under solid waste laws. (2) Municipal sewage sludge or septage that falls to meet standards for classification as biosolids is a solid waste, and may not be applied to the land. (3) Municipal sewage sludge or septage that will be dis- posed in a landfill is a solid waste [Statutory Authority- RCW 70.951.020 and 70.95255. 98-05-101 (Order 97-30), § 173-308-060, filed 2/18/98, effective 3/21/98.1 WAC 173-308-070 Use of term, "biosolids"—Expla- nation. Biosolids is a term adopted in state statute to distin- guish municipal sewage sludge that is suitable for land appli- cation from that which is not. Under state law biosolids includes both municipal sewage sludge and septage that meet applicable criteria. Federal rules do not use the term "biosol- ids," and rely instead on the term "sewage sludge," which under the federal system includes domestic septage. Some federal guidance documents do use the term biosolids. Unless the context requires otherwise, biosolids is the term used in this chapter to refer to municipal sewage sludge or septage that has been or is being treated to meet standards so that it can be applied to the land. Matenal that will be disposed in a landfill is considered municipal sewage sludge When the term septage is used, the reference is exclusively to septage. (2/18/98) • • • Biosolids Management 173-308-080 [Statutory Authority• RCW 70.951 020 and 70 95.255 98-05-101 (Order 97-30), § 173-308-070, filed 2/18/98, effective 3/21/98.] WAC 173-308-080 Definitions. Unless the department determines that the context of the rule requires otherwise, the following definitions are applicable for the purposes of this chapter. "Administrator" means the Administrator of the United States Environmental Protection Agency, or an autho- rized representative. "Aerobic digestion" is the biochemical decomposition of organic matter in biosolids into carbon dioxide and water by microorganisms in the presence of air Aerobic digestion does not include composting. "Agricultural land" is land on which a food crop, feed crop, or fiber crop is grown. This includes range land and land used as pasture. "Agronomic rate" is the whole biosolids application rate (dry weight basis) that will provide the amount of nitro- gen required for optimum growth of vegetation, and that will not result in the violation of applicable standards or require- ments for the protection of ground or surface water as estab- lished under chapter 90.48 RCW and related rules including chapters 173-200 and 173-201 WAC. "Anaerobic digestion" is the biochemical decomposi- tion of organic matter in biosolids into methane gas and car- bon dioxide by microorganisms in the absence of air. Anaer- obic digestion does not include composting. "Annual pollutant loading rate" is the maximum amount of a pollutant that can be applied to a unit area of land during a three hundred sixty -five-day penod. "Annual whole biosolids application rate" is the max- imum amount of biosolids (dry weight basis) that can be applied to a unit area of land during a three hundred sixty- five -day period. "Apply biosolids or biosolids applied to the land" means the land application of biosolids for the purpose of beneficial use. "Beneficial use facility" means a site or sites where bio - solids are applied to the land for beneficial use, which has been permitted as a treatment works treating domestic sew- age in accordance with the provisions of WAC 173-308-310, and that has been designated as a beneficial use facility through the permitting process. "Beneficial use of biosolids" means the application of biosolids to the land for the purposes of improving soil char- acteristics including tilth, fertility, and stability and enhanc- ing the growth of vegetation consistent with protecting human health and the environment. "Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recy- cled and meets all applicable requirements under this chapter. Biosolids includes a material derived from biosolids, and sep- tic tank sludge, also known as septage, that can be benefi- cially recycled and meets all applicable requirements under this chapter. For the purposes of this rule, semisolid products include biosolids or products derived from biosolids ranging in character from mostly liquid to fully dned solids. (2/18/98) "Bulk biosolids" means biosolids that are not sold or given away in a bag or other container for application to the land. "Ceiling concentration" means the maximum concen- tration of a pollutant in any biosolids sample, beyond which level the biosolids would be classified as municipal sewage sludge not suitable for application to the land. Ceiling con- centrations are established in Table 1 of WAC 173-308-160. "Class I biosolids management facility" is any pub- licly owned treatment works (POTW), as defined in 40 CFR 501.2, required to have an approved pretreatment program under 40 CFR 403.8(a) (including any POTW located in a state that has elected to assume local program responsibilities under 40 CFR 403 10(e)), and any treatment works treating domestic sewage, as defined in 40 CFR 122.2, classified as a Class I biosolids management facility by the EPA Regional Administrator, or in the case of approved state programs, the Regional Administrator in conjunction with the state director, because of the potential for its biosolids use or disposal prac- tice to affect public health and the environment adversely "Clean Water Act" or "CWA" means the Clean Water Act or Federal Clean Water Act (FCWA) (formerly referred to as either the Federal Water Pollution Act or the Federal Water Pollution Control Act Amendments of 1972), Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, Public Law 97-117, and Public Law 100-4 "Composting" means the controlled biological degra- dation of organic solid waste yielding a product for use as a soil conditioner. This does not include the treatment of sew- age sludge in a digester at a wastewater treatment plant. "Cumulative pollutant loading rate" is the maximum amount of a pollutant that can be applied to an area of land from biosolids that exceed the pollutant concentration limits established in Table 3 of WAC 173-308-160. "Density of microorganisms" is the number of micro- organisms per unit mass of total solids (dry weight) in the biosolids. "Department" means the Washington state department of ecology and, within the scope of its delegation, a local health department that has been delegated authority under WAC 173-308-050. "Director" means the director of the department of ecology or his or her authorized representative. "Disposal on an emergency basis" means a period up to but not exceeding one year. Generally, emergency situa- tions requiring the use of disposal facilities will normally occur as a result of inclement weather conditions at a benefi- cial use site, contractual or technical difficulties in the treat- ment, transportation, or application of the biosolids, or as a result of short term economic or administrative barriers, any and all of which are expected to be resolved within a penod of one year "Disposal on a long-term basis" means to adopt dis- posal as a preferred method of management for at least five years, or for an indefinite period of time with no expectation for pursuing other management alternatives. "Disposal on a temporary basis" means a period of more than one but less than five years. Generally, situations requiring the temporary use of disposal facilities will nor - [Ch. 173-308 WAC—p. 3] • • • 173-308-080 Biosolids Management mally occur as a result of deficiencies in the wastewater or biosolids treatment process, or economic, administrative, or contractual constraints which cannot be resolved in less than one year. "Domestic septage" means domestic septage - Class I, Class II, or Class III as defined in this section "Domestic septage - Class I" is liquid or solid material removed from domestic septic tanks, cess pools, or similar treatment works that receive only domestic sewage, and that has had a sufficiently long residency time to be considered largely stabilized. For the purposes of managing mixed loads or batches of septage, a load or batch is considered Class I if it does not exceed twenty-five percent by volume of Class II domestic septage or twenty-five percent by volume of restau- rant grease trap waste, unless otherwise approved by the reg- ulatory authonty "Domestic septage - Class II" is liquid or solid material removed from portable toilets, type III marine sanitation devices, vault toilets, pit toilets, RV holding tanks or other similar holding systems that receive only domestic sewage. "Domestic septage - Class III" is liquid or solid mate- rial removed from domestic septic tanks, cess pools, or simi- lar treatment works that receive sewage from commercial or industrial sources, but which the department has determined to be domestic in quality under WAC 173-308-020 (3)(g). "Domestic septage managed as biosolids originating from municipal sewage sludge" means domestic septage managed as if it had originated from a sewage treatment pro- cess at a publicly owned treatment works. "Domestic sewage" is waste and wastewater from humans or household operations that is discharged to or oth- erwise enters a treatment works. "Dry weight basis" means calculated on the basis of having been dried at 105°C until reaching a constant mass (i.e., essentially one hundred percent solids content) "EPA" means the United States Environmental Protec- tion Agency "Exceptional quality biosolids" means biosolids that meet the pollutant concentration limits in Table 3 of WAC 173-308-160, the Class A pathogen reduction requirements in one of WAC 173-308-170 (2)(a) through (f), and the vec- tor attraction reduction requirements in one of WAC 173- 308-180 (2) through (7). "Facility" means a treatment works treating domestic sewage as defined in this chapter, unless the context of the rule requires otherwise For the purposes of this chapter a facility is considered to be new if it has not been previously approved for the treatment, storage, use, or disposal of bio - solids. "Feed crops" are crops produced primarily for con- sumption by animals. "Fiber crops" are crops such as flax and cotton, includ- ing but not limited to those whose parts or by-products may be consumed by humans or used in the production or prepa- ration of food for human consumption. "Food crops" are crops consumed by humans. These include, but are not lhrruted to, fruits, vegetables, grains, and tobacco. "Forest" is an area of land that is managed for the pro- duction of timber or other forest products, or for benefits such [Ch. 173-308 WAC -p. 41 as recreation and watershed protection, and that is or will be dominated by trees under the current system of management. For the purposes of this rule, other areas of land that are not regulated as agricultural land, public contact sites, land recla- mation sites, or lawns or home gardens are considered forest- land. "General permit," for the purposes of this chapter, means a permit issued by the department in accordance with the procedures established in this chapter or in chapter 173- 226 WAC, to be effective in a designated geographical area, that authorizes the application of biosolids to the land or the disposal of biosolids in a municipal solid waste landfill, under which multiple treatment works treating domestic sew- age may apply for coverage. "Geometric mean" means the antilogarithm of the arithmetic average of the logarithms of the sample values, or the nth root of the product of n sample values. "Ground water" means water in a saturated zone or stratum beneath the surface of land or below a surface water body. "Health department" or "local health department" means city, county, city -county, or district public health department as defined in chapters 70.05, 70.08, and 70 46 RCW. "Individual permit," for the purposes of this chapter, means a permit issued by the department to a single treatment works treating domestic sewage in accordance with WAC 173-308-310, which authorizes the application of biosolids to the land or the disposal of biosolids in a municipal solid waste landfill. "Industrial wastewater" is wastewater generated in a commercial or industrial process. "Land application" is the application of biosolids to the land surface by means such as spreading or spraying; the injection of biosolids below the land surface; or the incorpo- ration of biosolids into the soil, for the purpose of beneficial use. "Land with a low potential for public exposure" is land that the public uses infrequently. This includes, but is not limited to, agncultural land, forest, and a reclamation site located in an unpopulated area (e.g., a stnp mine located in a rural area) "Land with a high potential for public exposure" is land that the public uses frequently. This includes, but is not limited to, a public contact site and a reclamation site located in a populated area (e.g., a construction site located in a city). "Local health department" see definition of health department. "Monthly average" is the arithmetic mean of all mea- surements taken during the month. "Municipal sewage sludge" means sewage sludge gen- erated from a publicly owned treatment works. For the pur- poses of this chapter, sewage sludge generated from the treat- ment of only domestic sewage in a privately owned or indus- trial treatment facility is considered municipal sewage sludge. "Municipality" means a city, town, borough, county, parish, district, association, or other public body (including an inter -municipal agency of two or more of the foregoing entities) created by or under state law; or a designated and (2/18/98) • • • Biosolids Management 173-308-080 approved management agency under section 208 of the Clean Water Act, as amended. The definition includes a special dis- trict created under state law, such as a water district, sewer district, sanitary district, utility district, drainage district, or similar entity, or an integrated waste management facility as defined in section 201(e) of the Clean Water Act, as amended, that has as one of its principal responsibilities the treatment, transport, use, or disposal of biosolids. "Other container" is either an open or closed recepta- cle. This includes, but is not limited to, a bucket, a box, a car- ton, and a vehicle or trailer with a load capacity of one metric ton or less. "Owner" means any person with ownership interest in a site or facility, or who exercises control over a site or facility, but does not include a person who, without participating in management of the site or facility, holds indicia of ownership primarily to protect the person's security interest. "Pasture" is land on which animals feed directly on feed crops such as legumes, grasses, grain stubble, or stover. "Pathogenic organisms" are disease causing organ- isms. These include, but are not limited to, certain bacteria, protozoa, viruses, and viable helminth ova. "Permit" means an authorization, license, or equivalent control document issued by the director to implement the requirements of this chapter. "Person" is an individual, association, partnership, cor- poration, municipality, state or federal agency, or an agent or employee thereof. "Person who prepares biosolids" is either the person who generates biosolids during the treatment of domestic sewage in a treatment works or the person who derives a material from biosolids. "pH" means the logarithm of the reciprocal of the hydrogen ion concentration. "Place sewage sludge" or "sewage sludge placed" means to dispose of sewage sludge. "Pollutant" is an organic substance, an inorganic sub- stance, a combination of organic and inorganic substances, or a pathogenic organism that, after discharge and upon expo- sure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly by inges- tion through the food chain, could, on the basis of informa- tion available to the Administrator of EPA, cause death, dis- ease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in repro- duction), or physical deformations in either organisms or off- spring of the organisms. "Pollutant limit" is a numerical value that describes the amount of a pollutant allowed per unit amount of biosolids (e.g., milligrams per kilogram of total solids), the amount of a pollutant that can be applied to a unit area of land (e.g., kilo- grams per hectare); the volume of a material that can be applied to a unit area of land (e.g., gallons per acre); or the number of pathogens or indicator organisms per unit of bio - solids. Pollutant limits are established in Tables 1 - 4 of WAC 173-308-160, in 173-308-170, and in 173-308-270. "Public contact site" is land with a high potential for contact by the public. This includes, but is not limited to, pub- lic parks, ball fields, cemeteries, plant nurseries, turf farms, and golf courses. (2/18/98) "Publicly owned treatment works" means a treatment works treating domestic sewage that is owned by a munici- pality, the state of Washington, or the federal government. "Range land" is generally open, uncultivated land dom- inated by herbaceous or shrubby vegetation that may be used for grazing or browsing, either by wildlife or livestock. "Receiving -only facility" means a treatment works treating domestic sewage that only receives municipal sew- age sludge or biosolids from other sources for further treat- ment and/or application to the land, and which does not gen- erate any biosolids from the treatment of domestic sewage. "Reclamation site" is drastically disturbed land that is reclaimed using biosolids. This includes, but is not limited to, strip mines and construction sites. "Residential equivalent value" means the number of residential equivalents determined for a facility under chapter 173-224 WAC or a value similarly obtained under WAC 173-308-320. "Restrict public access" means to minimize access of nonessential personnel to land where biosolids are applied, through the use of natural or artificial barriers, signs, remote- ness, or other means. "Saturated zone" means the zone below the water table in which all interstices are filled with water. "Sewage sludge" is solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treat- ment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, sec- ondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings gener- ated during preliminary treatment of domestic sewage in a treatment works. "Significant change in biosolids management prac- tices" means a change in the quality of biosolids that are applied to the land, either from class A to class B for patho- gens, or from Table 3 to Table 1 of WAC 173-308-160 for pollutant limits; the addition of a new area to which biosolids will be applied, which was not previously disclosed during a required public notice process, for class B biosolids only, a change from nonfood crops to food crops, a change from crops where the harvestable portions do not contact the bio- solids/soil mixture to crops where the harvestable portion contacts the biosolids/soil mixture, or a change in site classi- fication from land with a low potential for public exposure to land with a high potential for public exposure; or any change or deletion of a requirement established in an approved land application plan or established as a condition of coverage under a permit that would result in a decrease in buffer size, site monitoring, or facility reporting requirements, which was not otherwise provided for in the permit or plan approval pro- cess. "Significantly remove or reduce recognizable materi- als" means to remove recognizable debris from biosolids by means such as screening, or to reduce the number of recog- nizable items in biosolids by means such as grinding, to a level that in the opinion of the department, will not result in an aesthetic nuisance or physical hazard when biosolids are applied to the land. [Ch. 173-308 WAC -p. 5] • • • 173-308-090 Biosolids Management "Site" means all areas of land, including buffer areas, which are identified in the scope of an approved site specific land application plan A site is considered to be new or expanded when biosolids are applied to an area not approved in a site specific land application plan or that was not previ- ously disclosed during a required public notice process. "Specific oxygen uptake rate (SOUR)" is the mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in the biosolids. "State" means the state of Washington. "Store or storage of biosolids" is the placing of biosol- ids on land on which the biosolids remain for two years or less. This does not include the placing of biosolids on land for treatment or disposal "Stover" is the nongrain, above -ground part of a grain crop, often com or sorghum. "Surface waters of the state" means surface waters of the state as defined in WAC 173-201A-020. "Total solids" are the materials in biosolids that remain as residue when the biosolids are dried at 103 to 105°C. "Treat or treatment of biosolids" is the preparation of biosolids for final use or disposal. This includes, but is not limited to, thickening, stabilization, and dewatering of bio - solids. This does not include storage of biosolids. "Treatment works" is either a federally owned, pub- licly owned, or privately owned device or system used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature. "Treatment works treating domestic sewage" means a publicly owned treatment works or any other sewage sludge or wastewater treatment devices or systems, regardless of ownership, used in the storage, treatment, recycling, and rec- lamation of municipal or domestic sewage or sewage sludge, including land dedicated for the disposal of sewage sludge. Treatment works treating domestic sewage also includes a beneficial use facility that has been permitted in accordance with the provisions of WAC 173-308-310, and a person, site, or facility designated as a treatment works treating domestic sewage in accordance with WAC 173-308-310 (1)(b). This definition does not include septic tanks or similar devices, but may include persons or vehicles that service septic systems and centralized septage facilities that are designated as a treatment works treating domestic sewage or are applicable under this definition. "Unstabilized solids" are organic materials in biosolids that have not been treated in either an aerobic or anaerobic treatment process. "Vector attraction" is the primarily odorous character- istic of biosolids that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents. "Volatile solids" is the amount of the total solids in bio - solids that are lost when the biosolids are combusted at 550°C in the presence of excess air. "Waters of the state" means waters of the state as defined in RCW 90.48.020 "Wetlands" means those areas that are inundated or sat- urated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do [Ch. 173-308 WAC—p. 6] support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. [Statutory Authority- RCW 70.951.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-080, filed 2/18/98, effective 3/21/98.] WAC 173-308-090 Requirement for a person who prepares biosolids. Any person who prepares biosolids must ensure that the applicable requirements in this chapter and any applicable permit issued under this chapter are met when the btosolids are applied to the land. [Statutory Authority- RCW 70.95).020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-090, filed 2/18/98, effective 3/21/98.] WAC 173-308-100 Requirement for a person who transports biosolids. (1) Any person who transports biosol- ids must ensure that the transportation vehicle is properly cleaned prior to use of the vehicle for the transportation of food crops, feed crops, or fiber crops. (2) The transportation of biosolids is otherwise subject to regulation by the Washington state utilities and transportation commission under Title 81 RCW and WAC 173-308-030(2). [Statutory Authority- RCW 70.95).020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-100, filed 2/18/98, effective 3/21/98.] WAC 173-308-110 Requirement for a person who applies biosolids. A person may not apply biosolids to the land except in accordance with applicable requirements of this chapter and any applicable permit issued under this chap- ter. [Statutory Authority- RCW 70.95).020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-110, filed 2/18/98, effective 3/21/98.] WAC 173-308-120 Requirement to obtain and pro- vide information. (1) It is a violation of the provisions of this chapter for any person to falsify a certification or statement that is required by these rules or to make any required certifi- cation or statement under false pretense. (2) Any person who applies biosolids to the land must obtain information needed to comply with the requirements of this chapter (3) The person who prepares biosolids must provide the person who applies biosolids to the land with notice and nec- essary information to comply with the requirements of this chapter, including sufficient information on the concentration and types of nutrients in the biosolids needed to determine an agronomic rate for the crop under management. (4) When a person who prepares biosolids provides the biosolids to another person who further prepares the biosol- ids, the person who provides the biosolids must provide the person who receives the biosolids notice and necessary infor- mation to comply with the requirements of this chapter. (5) The person who applies bulk biosolids to the land must provide the owner or lease holder of the land on which the bulk biosolids are applied notice and necessary informa- tion to comply with the requirements of this chapter. (6) The person who applies bulk biosolids to the land must obtain written approval of the landowner prior to apply- ing biosolids to the land for the first time, when the bulk bio - (2/18/98) • • • Biosolids Management 173-308-150 solids do not meet the criteria to be classified as exceptional quality (7) All persons required to keep and maintain records under any provision of this chapter must provide access to those records during normal business hours to a representa- tive of the department, a local health department, or the United States EPA, and to the owner, lessor, lessee or other person with a legal management interest in the land on which the biosolids are applied, at the location where the records are kept. (8) Any facility, including a beneficial use facility, must immediately notify all sources from which it receives biosol- ids, if at any time it becomes unsuitable for the purpose of receiving biosolids from those other sources. [Statutory Authority- RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-120, filed 2/18/98, effective 3/21/98.] WAC 173-308-130 Additional or more stringent requirements. On a case-by-case basis, the department may impose requirements for the beneficial use of biosolids that are in addition to or more stringent than the requirements in this chapter if the department believes that the additional or more stringent requirements are necessary to protect public health and the environment from any adverse effect of a pol- lutant in the biosolids. (1) In addition to other considerations, failure of a gener- ator, applier, or landowner to conform to any applicable requirements of this chapter may be cause to impose addi- tional or more stnngent requirements. (2) The department will impose any additional or more stringent requirements under WAC 173-308-130 in a permit issued to the applicable facility. [Statutory Authority- RCW 70.951 020 and 70 95.255 98-05-101 (Order 97-30), § 173-308-130, filed 2/18/98, effective 3/21/98.] WAC 173-308-140 Biosolids sampling and analysis methods. (1) Sampling. Samples that are collected and ana- lyzed must be representative of the biosolids that are applied to the land. (2) Analysis methods. The publications listed in this subsection are incorporated by reference in this chapter Methods in the publications listed below must be used to ana- lyze samples of biosolids unless other methods are approved in writing by the department. These publications are available for review during normal working hours at the Washington State Department of Ecology headquarters located at 300 Desmond Drive in Olympia, Washington. (a) For enteric viruses use ASTM Designation: D 4994-89, "Standard Practice for Recovery of Viruses From Wastewater Sludges," 1992 Annual Book of ASTM Stan- dards: Section 11 -Water and Environmental Technology, ASTM, 1916 Race Street, Philadelphia, PA 19103-1187 (b) For fecal coliform use part 9221 E. or part 9222 D., "Standard Methods for the Examination of Water and Waste- water," 18th Edition, 1992, American Public Health Associ- ation, 1015 15th Street NW, Washington, DC 20005 (c) For helminth ova use Yanko, W.A., "Occurrence of Pathogens in Distribution and Marketing Municipal Slud- ges, " EPA 600/1-87-014, 1987. National Technical Informa- (2/18/98) tion Service, 5285 Port Royal Road, Springfield, VA 22161 (PB 88-154273/AS). (d) For inorganic pollutants use, "Test Methods for Eval- uating Solid Waste, Physical/Chentical Methods," EPA Pub- lication SW -846, Second Edition (1982) with Updates I (April 1984) and II (April 1985) and Third Edition (Novem- ber 1986) with Revision I (December 1987) Second Edition and Updates I and II are available from the National Techni- cal Information Service, 5285 Port Royal Road, Springfield, VA 22161 (PB 87-190-291). Third Edition and Revision I are available from Superintendent of Documents, Government Printing Office, 941 North Capitol Street NE, Washington, DC 20002 (Document Number 955-001-00000-1). For the analysis of nitrogen and other nutrients the department may specify additional analytical references that are acceptable. (e) For salmonella sp bacteria use part 9260 D., "Stan- dard Methods for the Examination of Water and Wastewa- ter," 18th Edition, 1992, American Public Health Associa- tion, 1015 15th Street NW, Washington, DC 20005; or Ken- ner, B.A. and H.P. Clark, "Detection and enumeration of Salmonella and Pseudomonas aeruginosa," Journal of the Water Pollution Control Federation, Vol. 46, no. 9, Septem- ber 1974, pp 2163-2171. Water Environment Federation, 601 Wythe Street, Alexandria, VA 22314. (t) For specific oxygen uptake rate (SOUR) use part 2710 B , "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005. (g) For total, fixed, and volatile solids use part 2540 G., "Standard Methods for the Examination of Water and Waste- water," 18th Edition, 1992, American Public Health Associ- ation, 1015 15th Street NW, Washington, DC 20005. [Statutory Authority- RCW 70.95J.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-140, filed 2/18/98, effective 3/21/98.] WAC 173-308-150 Frequency of biosolids monitor- ing. The person who prepares biosolids is responsible for ensuring that monitoring is carried out in accordance with the requirements of this chapter and any applicable permit. The minimum frequency of monitoring for the pollutants listed in Tables 1, 2, 3 and 4 of WAC 173-308-160; the pathogen den- sity requirements in WAC 173-308-170; and the vector attraction reduction requirements in WAC 173-308-180, is prescribed in subsection (3) of this section, (1) The frequency of monitoring required by this section is based on the dry weight tonnage of bulk biosolids applied to the land per three hundred sixty -five-day period, or the dry weight tonnage of biosolids received per three hundred sixty- five -day period by a person who prepares biosolids that are sold or given away for application to the land. (2) After the biosolids have been monitored for two years at the frequency in subsection (3) of this section, the person who prepares the biosolids may request the depart- ment to reduce the frequency of monitoring for pollutant con- centrations, and for the pathogen density requirements in WAC 173-308-170 (2)(c)(ii) and (iii). The frequency of mon- itoring must not be less than once per year when biosolids are applied to the land. [Ch. 173-308 WAC—p. 7] • • • 173-308-160 Biosolids Management (3) MINIMUM FREQUENCY OF MONITORING Metric tons (U.S. tons) per 365 -day period Greater than zero but less than 290 (320) Equal to or greater than 290 (320) but less than 1,500 (1,653) Equal to or greater than 1,500 (1,653) but less than 15,000 (16,535) Equal to or greater than 15,000 (16,535) Frequency once per year once per quarter (four times per year) once per 60 days (six times per year) once per month (12 times per year) [Statutory Authority. RCW 70.951.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-150, filed 2/18/98, effective 3/21/98.] WAC 173-308-160 Biosolids pollutant limits. This section sets pollutant concentration limits, and annual and cumulative pollutant loading rate limits for biosolids that are applied to the land. (1) Table 1 of this section sets the maximum allowable concentration (ceiling limit) of pollutants in biosolids that are applied to the land. Municipal sewage sludge that contains any pollutant listed in Table 1 of this section at a concentration greater than the allowable ceiling limit is not biosolids, is a solid waste, and may not be applied to the land. (2) Table 2 of this section sets the maximum quantities of pollutants that may be added to an area of land, also referred to as the cumulative pollutant loading rate The cumulative pollutant loading rates in Table 2 apply when the concentration of any pollutant in biosolids that are applied to the land exceeds the allowable pollutant concentration limit in Table 3 of this section. (a) A person may not apply bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section to a land application site, if any of those rates have been reached on the site. (b) Before bulk biosolids subject to the cumulative pol- lutant loading rates in Table 2 of this section are applied to the land, the person who proposes to apply the bulk biosolids must contact the local health department and the department to determine whether bulk biosolids subject to the cumulative pollutant loading rates were applied to the site before the effective date of this chapter. (i) If bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section have been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site since that date is known, in addition to any amount subtracted in (b)(iii) of this subsec- tion, the amount previously applied must be subtracted from the cumulative pollutant loading rate for each pollutant, to determine the remaining amount of pollutant that may be applied to the site. (ii) If bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section have been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since [Ch. 173-308 WAC—p. 8] that date is not known, additional biosolids subject to the cumulative pollutant loading rates in Table 2 of this section may not be applied to the site. (iii) If bulk biosolids were applied to the site prior to July 20, 1993, and the cumulative amount of each pollutant applied to the site prior to that date can be determined, in addition to any amount subtracted in (b)(i) of this subsection, the amount applied must be subtracted from the cumulative pollutant loading rate for each pollutant, to determine the remaining amount of pollutant that may be applied to the site. (iv) If bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section have not been applied to the site, the cumulative amount of each pollutant listed in Table 2 of this section may be applied to the site. (v) Any person who applies bulk biosolids to the land, which are subject to the cumulative pollutant loading rates in Table 2 of this section, must provide written notice prior to the initial application of bulk biosolids to the land. Notice must be submitted to the department, and to any local health department in whose jurisdiction the biosolids will be applied. The department and the local health department must retain and provide access to the notice The notice must include: (A) The location, by street address if applicable, a copy of the assessor's plat map(s) with the application area(s) clearly shown or the latitude and longitude of the approxi- mate center of each land application site, and the section, township and range of each quarter section on which biosol- ids are applied, and (B) The name, address, telephone number, and National Pollutant Discharge Elimination System or state waste dis- charge permit number and state biosolids permit number (if applicable) of the person who prepared the biosolids and also of the person who applies (if applicable) the bulk biosolids (3) Table 3 of this section sets a lower pollutant concen- tration threshold which, when achieved, relieves the person who prepares biosolids and the person who applies biosolids, from certain requirements related to recordkeeping, report- ing, and labeling. (4) Table 4 of this section sets annual pollutant loading rates used to derive an annual whole biosolids application rate. Table 4 is applicable only when biosolids that are sold or given away in a bag or other container for application to the land exceed any of the pollutant concentration limits in Table 3 of this section The person who prepares the biosolids must provide information on compliance with this requirement on a label or information sheet as required under WAC 173-308-260 (1)(b)(ii) and (4)(b). TABLE 1 - CEILING CONCENTRATION LIMITS POLLUTANT CEILING CONCENTRATION* Arsenic 75 Cadmium 85 Copper 4300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 (2/18/98) • • • Biosolids Management 173-308-170 POLLUTANT CEILING CONCENTRATION* Selenium 100 Zinc 7500 * Milligrams per kilogram - dry weight basis TABLE 2 - CUMULATIVE POLLUTANT LOADING RATES POLLUTANT CUMULATIVE POLLUTANT LOADING RATE* Arsenic 41 Cadmium 39 Copper 1500 Lead 300 Mercury 17 Nickel 420 Selenium 100 Zinc 2800 * Kilograms per hectare - dry weight basis TABLE 3 - POLLUTANT CONCENTRATION LIMITS POLLUTANT LIMIT* Arsenic 41 Cadmium 39 Copper 1500 Lead 300 Mercury 17 Nickel 420 Selenium 100 Zinc 2800 * Monthly average concentration in milligrams per kilo- gram - dry weight basis TABLE 4 - ANNUAL POLLUTANT LOADING RATES POLLUTANT ANNUAL POLLUTANT LOADING RATE* Arsenic 2.0 Cadmium 1 9 Copper 75 Lead 15 Mercury 0.85 Nickel 21 Selenium 5 0 Zinc 140 * Killograms per hectare per 365 day period [Statutory Authority RCW 70.951 020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-160, filed 2/18/98, effective 3/21/98.] (2/18/98) WAC 173-308-170 Pathogen reduction. (1) This sec- tion contains the requirements for biosolids to be classified either Class A or Class B with respect to pathogens. (a) The requirements in subsection (2)(a)(i) and (ii), or (b)(i) and (ii), or (c)(i), (ii), and (iii), or (d)(i), (ii) and (iii), or (e)(i) and (ii), or (f)(i) and (ii) of this section must be met for biosolids to be Class A for pathogens. (b) The Class A pathogen requirements must be met at the same time or before the vector attraction reduction requirements in WAC 173-308-180 (2), (3), or (4). (c) The requirements in subsection (3)(a), (b), or (c) of this section must be met for biosolids to be Class B for patho- gens. (2) Biosolids - Class A. (a) Class A - Alternative 1. (i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total sol- ids (dry weight basis), or the density of Salmonella sp bacte- ria in the biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used, at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids are prepared to meet the requirements for exemption in WAC 173-308-200; and (ii) The time and temperature requirements in (a)(ii)(A), (B), (C), or (D) of this subsection must be met. (A) When the percent solids of the biosolids is seven per- cent or higher, the temperature of the biosolids must be 50°C or higher; the time period must be twenty minutes or longer; and the temperature and time period must be determined using equation (1), except when small particles of biosolids are heated by either warmed gases or an immiscible liquid, D = 131,700,000 Equation (1) 100 14001 Where, D = time in days. t = temperature in degrees Celsius. (B) When the percent solids of the biosolids is seven per- cent or higher and small particles of biosolids are heated by either warmed gases or an immiscible liquid, the temperature of the biosolids must be 50° C or higher; the time period must be fifteen,seconds or longer; and the temperature and time period must be determined using equation (1); (C) When the percent solids of the biosolids is Tess than seven percent and the time period is at least fifteen seconds, but less than thirty minutes, the temperature and time period must be determined using equation (1); (D) When the percent solids of the biosolids is less than seven percent; the temperature of the biosolids is 50°C or higher; and the time period is thirty minutes or longer, the temperature and time penod must be determined using equa- tion (2). Where, D = 50,070,000 Equation (2) 10(014001) [Ch. 173-308 WAC—p. 9] • • • 173-308-170 Biosolids Management D = time in days. t = temperature in degrees Celsius. (b) Class A - Alternative 2. (i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total sol- ids (dry weight basis), or the density of Salmonella sp bacte- ria in the biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land; or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200; and (ii) The pH of the biosolids that are used must be raised to above twelve and remain above twelve for seventy-two hours; and (A) The temperature of the biosolids must be above 52°C for twelve hours or longer during the penod that the pH of the biosolids is above twelve; and (B) At the end of the seventy -two-hour period during which the pH of the biosolids is above twelve, the biosolids must be air dried to achieve a percent solids in the biosolids greater than fifty percent. (c) Class A - Alternative 3. (i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total sol- ids (dry weight basis), or the density of Sabnonella sp bacte- ria in biosolids must be less than three Most Probable Num- ber per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are pre- pared for sale or give away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200; and (ii) The biosolids must be analyzed prior to pathogen treatment to determine whether the biosolids contain enteric viruses, and (A) When the density of enteric viruses in the biosolids prior to pathogen treatment is less than one plaque -forming unit per four grams of total solids (dry weight basis), the bio - solids are Class A with respect to enteric viruses until the next monitoring episode for the biosolids; or (B) When the density of enteric viruses in the biosolids prior to pathogen treatment is equal to or greater than one plaque -forming unit per four grams of total solids (dry weight basis), the biosolids are Class A with respect to enteric viruses when the density of enteric viruses in the biosolids after pathogen treatment is less than one plaque -forming unit per four grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the biosolids that meets the enteric virus density requirement are documented. (C) After the enteric virus reduction in (c)(ii)(B) of this subsection is demonstrated for the pathogen treatment pro- cess, the biosolids continue to be Class A with respect to enteric viruses when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented. [Ch. 173-308 WAC -p. 10] (iii) The biosolids must be analyzed prior to pathogen treatment to determine whether the biosolids contains viable helminth ova, and (A) When the density of viable helminth ova in the bio - solids prior to pathogen treatment is less than one per four grams of total solids (dry weight basis), the biosolids are Class A with respect to viable helminth ova until the next monitoring episode for the biosolids; or (B) When the density of viable helminth ova in the bio - solids prior to pathogen treatment is equal to or greater than one per four grams of total solids (dry weight basis), the bio - solids are Class A with respect to viable helminth ova when the density of viable helminth ova in the biosolids after pathogen treatment is less than one per four grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treat- ment process that produces the biosolids that meets the viable helminth ova density requirement are documented. (C) After the viable helminth ova reduction in (c)(iii)(B) of this subsection is demonstrated for the pathogen treatment process, the biosolids continues to be Class A with respect to viable helminth ova when the values for the pathogen treat- ment process operating parameters are consistent with the values or ranges of values documented. (d) Class A - Alternative 4. (i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total sol- ids (dry weight basis), or the density of Salmonella sp bacte- ria in the biosolids must be Less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200; and (ii) The density of enteric viruses in the biosolids must be less than one plaque -forming unit per four grams of total solids (dry weight basis) at the time the biosolids are used, at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is pre- pared to meet the requirements for exemption in WAC 173- 308-200, unless otherwise specified by the department; and (iii) The density of viable helminth ova in the biosolids must be less than one per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land, or at the time the biosol- ids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200, unless otherwise specified by the department. (e) Class A - Alternative 5 (i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total sol- ids (dry weight basis), or the density of Salmonella sp bacte- ria in the biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land, or at the time the biosolids or material (2/18/98) • • • Biosolids Management 173-308-180 derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200; and (ii) The biosolids must be treated in one of the processes to further reduce pathogens described in (e)(ii)(A) through (G) of this subsection. (A) Composting. (I) Using either the within -vessel composting method or the static aerated pile composting method, the temperature of the biosolids must be maintained at 55°C or higher for three days. (II) Using the windrow composting method, the temper- ature of the biosolids must be maintained at 55°C or higher for fifteen days or longer. During the period when the com- post is maintained at 55°C or higher, there must be a mini- mum of five turnings of the windrow. (B) Heat drying. Biosolids must be dried by direct or indirect contact with hot gases to reduce the moisture content of the biosolids to ten percent or less. Either the temperature of the biosolids particles must exceed 80°C or the wet bulb temperature of the gas in contact with the biosolids as the bio - solids leaves the dryer must exceed 80°C. (C) Heat treatment. Liquid biosolids must be heated to a temperature of 180°C or higher for thirty minutes. (D) Thermophilic aerobic digestion. Liquid biosolids must be agitated with air or oxygen to maintain aerobic con- ditions and the mean cell residence time of the biosolids must be at least ten days at 55 to 60°C (E) Beta ray irradiation. Biosolids must be irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature (ca. 20°C). (F) Gamma ray irradiation. Biosolids must be irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium 137, at room temperature (ca. 20°C). (G) Pasteurization The temperature of the biosolids must be maintained at 70°C or higher for thirty minutes or longer (f) Class A - Alternative 6 (i) The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total sol- ids (dry weight basis), or the density of Salmonella sp bacte- ria in the biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used; at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land, or at the time the biosolids or material derived from biosolids is prepared to meet the requirements for exemption in WAC 173-308-200; and (ii) The biosolids must be treated in a process that is equivalent to a process to further reduce pathogens. Pathogen equivalency for biosolids applied to land under jurisdiction of the state of Washington will be determined by the department or by the EPA with the approval and concurrence of the department. (3) Biosolids - Class B. (a) Class B - Alternative 1. (i) Seven samples of the biosolids must be collected at the time the biosolids are used; and (2/18/98) (ii) The geometric mean of the density of fecal coliform of the samples must be less than 2,000,000 Most Probable Number per gram of total solids (dry weight basis) or 2,000,000 Colony Forming Units per gram of total solids (dry weight basis) (b) Class B - Alternative 2. The biosolids must be treated in one of the processes to significantly reduce pathogens described in (b)(i) through (v) of this subsection. (i) Aerobic digestion. The biosolids must be agitated with air or oxygen to maintain aerobic conditions for a spe- cific mean cell residence time at a specific temperature. Val- ues for the mean cell residence time and temperature must be between forty days at 20°C and sixty days at 15°C. (ii) Air drying. The biosolids must be dried on sand beds or on paved or unpaved basins. The biosolids must dry for a minimum of three months. During two of the three months, the ambient average daily temperature must be above 0°C. (iii) Anaerobic digestion. The biosolids must be treated in the absence of air for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature must be between fifteen days at 35 to 55°C and sixty days at 20°C. (iv) Composting. Using the within -vessel, static aerated pile, or windrow composting methods, the temperature of the biosolids must be raised to 40°C or higher and remain at 40°C or higher for five days. For four hours during the five days, the temperature in the compost pile must exceed 55°C. (v) Lime stabilization. Sufficient lime must be added to the biosolids to raise the pH of the biosolids to twelve after two hours of contact. (c) Class B - Alternative 3. The biosolids must be treated in a process that is equivalent to a process to significantly reduce pathogens. Pathogen equivalency for biosolids applied to land under jurisdiction of the state of Washington will be determined by the department or by the EPA with the approval and concurrence of the department. [Statutory Authority RCW 70.95J.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-170, filed 2/18/98, effective 3/21/98.] WAC 173-308-180 Vector attraction reduction. (1) When vector attraction reduction is accomplished prior to application of biosolids to the land, the requirements in one of subsections (2) through (7) of this section must be met. The vector attraction reduction requirements in subsec- tion (2), (3), or (4) of this section must be met at the same time or after the Class A pathogen requirements in WAC 173-308-170 (2) The mass of volatile solids in the biosolids must be reduced by a minimum of thirty-eight percent (see calcula- tion procedures in "Environmental Regulations and Technol- ogy —Control of Pathogens and Vector Attraction in Sewage Sludge," EPA -625/R-92/013, 1992, U.S.EPA, Cincinnati, OH 45268.) (a) When the thirty-eight percent volatile solids reduc- tion requirement in this subsection (2) cannot be met for anaerobically digested biosolids, vector attraction reduction can be demonstrated by digesting a portion of the previously digested biosolids anaerobically in the laboratory in a bench - scale unit for forty additional days at a temperature between [Ch. 173-308 WAC—p. 111 • • • 173-308-190 Biosolids Management 30 and 37°C. After the forty -day period, the vector attraction reduction requirement is met if the volatile solids in the bio - solids at the beginning of that period are reduced by less than seventeen percent. (b) When the thirty-eight percent volatile solids reduc- tion requirement in this subsection (2) cannot be met for aer- obically digested biosolids, vector attraction reduction can be demonstrated by digesting a portion of the previously digested biosolids that has a percent solids of two percent or less aerobically in the laboratory in a bench -scale unit for thirty additional days at 20°C. After the thirty -day period, the vector attraction reduction requirement is met if the volatile solids in the biosolids at the beginning of that period are reduced by less than fifteen percent. (3) The specific oxygen uptake rate (SOUR) for biosol- ids treated in an aerobic process must be less than or equal to 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20°C. (4) The biosolids must be treated in an aerobic process for fourteen days or longer During that time, the temperature of the biosolids must be higher than 40°C and the average temperature of the biosolids must be higher than 45°C. (5) The pH of the biosolids must be raised to twelve or higher by alkali addition and, without the addition of more alkali, must remain at twelve or higher for two hours and then at 11.5 or higher for an additional twenty-two hours. (6) For biosolids that do not contain unstabilized solids generated in a primary wastewater treatment process, the per- cent solids must be equal to or greater than seventy-five per- cent based on the moisture content and total solids prior to mixing with other materials. (7) For biosolids that contain unstabilized solids gener- ated in a primary wastewater treatment process, the percent solids must be equal to or greater than ninety percent based on the moisture content and total solids prior to mixing with other materials. [Statutory Authority. RCW 70.951 020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-180, filed 2/18/98, effective 3/21/98.] WAC 173-308-190 Protecting waters of the state— Agronomic rate requirement. In accordance with water quality standards for ground waters of the state of Washing- ton, chapter 173-200 WAC, biosolids must be applied to the land in a manner approved by the department, and at not greater than agronomic rates unless otherwise specified by the department in accordance with subsection (1) or (2) of this section. Agronomic rate determinations must take into account nitrogen supplied from other sources such as manures and commercial fertilizers as well as biosolids. (1) Biosolids applied to land reclamation sites may be applied in excess of agronomic rates if approved by the department in a site specific land application plan developed under WAC 173-308-310(6). (2) For the purposes of furthering necessary research efforts, biosolids may be applied at greater than agronomic rates to limited areas of land if approved by the department in a site specific land application plan developed under WAC 173-308-310(6) In addition to the elements required under [Ch. 173-308 WAC—p. 12] WAC 173-308-310(6), the land application plan for a research project must also include: (a) A research proposal describing the nature of the project, what may be learned, the anticipated benefits, provi- sions for progress reports and peer review, and interpretation of results; (b) An explanation for the sizing of the research plot(s). Plot size must not exceed the minimum area required to sup- port the goals of the research; and (c) A discussion of any potential adverse impacts of application rates in excess of agronomic rates, along with potential mitigation or response to adverse effects if observed. (3) The person who prepares exceptional quality biosol- ids that are sold or given away to another person must pro- vide sufficient information to allow the person who receives the biosolids to determine an agronomic rate of application. (4) The person who applies exceptional quality biosolids to the land is responsible for compliance with the agronomic rate requirement in this section. (5) When the potential for ground water contamination due to biosolids application exists, the department may require ground water monitoring or other conditions in accor- dance with WAC 173-200-080. If it is determined that an enforcement criterion may be violated, an evaluation must be conducted to demonstrate compliance with the provisions of WAC 173-200-050 (3)(b)(vi). [Statutory Authority RCW 70.95J.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-190, filed 2/18/98, effective 3/21/98.] WAC 173-308-200 Exemptions based on the excep- tional quality of biosolids. (1) The person who prepares and the person who applies biosolids that meet critena to be clas- sified as exceptional quality are exempt from the following requirements: (a) The site management and access restrictions in WAC 173-308-210(4), 173-308-220(4), 173-308-230(4), and 173- 308-240(4); (b) The labeling requirement derived from Table 4 of WAC 173-308-160 for the annual whole biosolids applica- tion rate in WAC 173-308-260 (1)(b)(ii); (c) The requirement in WAC 173-308-120(6) for obtain - mg prior wntten approval of the landowner; (d) The land application plan requirements of WAC 173- 308-310(6), except as provided in WAC 173-308-310 (6)(a)(ii) or (iii); (e) The recordkeeping requirements in WAC 173-308- 210 (5)(b), 173-308-220 (5)(b), 173-308-230 (5)(b), and 173- 308-240 (6)(b); (f) The requirements in WAC 173-308-300 (2)(a) and (b) for approved plans when used as a component of intermedi- ate or final cover in a municipal solid waste landfill (2) On a case-by-case basis, the director may apply any or all of the site management and access restrictions exempted under WAC 173-308-200 (1)(a) after determining that the requirements are necessary to protect public health and the environment from any adverse effect that may occur from a pollutant in the bulk biosolids. [Statutory Authority• RCW 70.957.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-200, filed 2/18/98, effective 3/21/98.] (2/18/98) • • • Biosolids Management 173-308-220 WAC 173-308-210 Bulk biosolids applied to agricul- tural land. (1) Pollutant concentrations. (a) The concentration of a pollutant in bulk biosolids that are applied to agricultural land may not exceed the allowable ceiling limit to Table 1 of WAC 173-308-160. (b) If the concentration of a pollutant in bulk biosolids that are applied to agricultural land exceeds the pollutant con- centration limits in Table 3 of WAC 173-308-160, then the total cumulative loading rate for each pollutant may not exceed the limit in Table 2 of WAC 173-308-160, as required in WAC 173-308-160 (1)(b)(i). (2) Pathogens. Bulk biosolids that are applied to agri- cultural land must be Class A for pathogens, or they must be Class B for pathogens and the site management and access restrictions in subsection (4)(a)(i) through (x) and (b)(i) through (iii) of this section must be met. (3) Vector attraction reduction. (a) Bulk biosolids that are applied to agricultural land must meet one of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7) before they are applied to the land; or the requirements of (b)(i) or (ii) of this subsec- tion must be met. (b)(i) The biosolids must be injected below the surface of the land, and (A) No significant amount of the biosolids may be present on the land surface within one hour after the biosolids are injected; and (B) When the biosolids are Class A for pathogens, the biosolids must be injected below the land surface within eight hours after being discharged from the pathogen treatment process. (ii) Biosolids must be incorporated into the soil within six hours after application to the land; When biosolids that are incorporated into the soil are Class A with respect to pathogens, the biosolids must be applied to the land within eight hours after being discharged from the pathogen treatment process. (4) Site management and access restrictions. (a) The site management and access restrictions in (a)(i) through (x) and (b)(i) through (iii) of this subsection are applicable to biosolids that are Class B for pathogens when they are applied to agricultural land. (i) Food crops, feed crops, and fiber crops must not be harvested for thirty days after application of biosolids. (ii) Food crops with harvested parts that touch the biosol- ids/soil mixture and are totally above the land surface must not be harvested for fourteen months after application of bio - solids. (iii) Food crops with harvested parts below the surface of the land must not be harvested for twenty months after appli- cation of biosolids when the biosolids remain on the land sur- face for four months or longer prior to incorporation into the soil. (iv) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight months after application of biosolids when the biosolids remain on the land surface for less than four months prior to incorporation into the soil. (v) Livestock must not be allowed to graze on the land for thirty days after application of biosolids. (2/18/98) (vi) Turf grown on land where biosolids are applied must not be harvested for one year after application of the biosolids when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department. (vii) Public access to land with a high potential for public exposure must be restricted for one year after application of biosolids. (viii) Public access to land with a low potential for public exposure must be restricted for thirty days after application of biosolids. (ix) Unless otherwise approved in a site specific land application plan under WAC 173-308-310 (6)(b), during the time when access is restricted, signs must be posted around the application site at all significant points of access, and oth- erwise around the perimeter so that they can be noticed and read by a reasonably observant person. The required content of signs is listed in WAC 173-308-275. It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of (a)(ix) of this subsection during the period when access is restricted. (x) Biosolids must not be applied to the land within one hundred feet of a well unless otherwise approved in a permit issued in accordance with the requirements of this chapter (b) The site management restrictions in (b)(i) through (iii) of this subsection are applicable to biosolids that do not meet standards to be classified as exceptional quality when they are applied to agricultural land. (i) Bulk biosolids may not be applied to land that is ten meters or less from surface waters of the state, unless other- wise specified by the department. (ii) Bulk biosolids may not be applied to the land so that they enter a wetland or waters of the state, unless approved in a permit issued by the department or by EPA with the approval of the department. (iii) Bulk biosolids may not be applied to the land if they are likely to adversely affect a threatened or endangered spe- cies listed under WAC 232-12-011 or 232-12-014 or its criti- cal habitat. (5) Recordkeeping. (a) The person who prepares biosolids for application to agricultural land must keep the records required in WAC 173-308-290 (2) and (3). (b) The person who applies biosolids that do not meet cntena to be classified as exceptional quality to agricultural land must keep the records required in WAC 173-308-290(4) (6) Reporting. The person who prepares biosolids for application to agricultural land must submit an annual report in accordance with the requirements of WAC 173-308-295. [Statutory Authority. RCW 70.951.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-210, filed 2/18/98, effective 3/21/98.] WAC 173-308-220 Bulk biosolids applied to forest- land. (1) Pollutant concentrations. (a) The concentration of a pollutant in bulk biosolids that are applied to forestland may not exceed the allowable ceil- ing limit in Table 1 of WAC 173-308-160. (b) If the concentration of a pollutant in bulk biosolids that are applied to forestland exceeds the pollutant concentra- tion limits in Table 3 of WAC 173-308-160, then the total [ Ch. 173-308 WAC—p. 13 ] • • • 173-308-230 Biosolids Management cumulative loading rate for each pollutant may not exceed the limit in Table 2 of WAC 173-308-160, as required in WAC 173-308-160 (1)(b)(i). (2) Pathogens. Bulk biosolids that are applied to forest- land must be Class A for pathogens, or they must be Class B for pathogens and the site management and access restric- tions in subsection (4)(a)(i) through (ix) and (b)(i) through (iii) of this section must be met. (3) Vector attraction reduction. (a) Bulk biosolids that are applied to forestland must meet one of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7) before they are applied to the land; or the requirements of (b)(i) or (ii) of this subsection must be met. (b)(i) The biosolids must be injected below the surface of the land; and (A) No significant amount of the biosolids may be present on the land surface within one hour after the biosolids are injected, and (B) When the biosolids are Class A for pathogens, the biosolids must be injected below the land surface within eight hours after being discharged from the pathogen treatment process. (ii) Biosolids must be incorporated into the soil within six hours after application to the land. When biosolids that are incorporated into the soil are Class A with respect to pathogens, the biosolids must be applied to the land within eight hours after being discharged from the pathogen treatment process. (4) Site management and access restrictions. (a) The site management and access restrictions in (a)(i) through (ix) and (b)(i) through (iii) of this subsection are applicable to biosolids that are Class B for pathogens when they are applied to forestland. (i) Food crops, feed crops, and fiber crops must not be harvested for thirty days after application of biosolids. (ii) Food crops with harvested parts that touch the biosol- ids/soil mixture and are totally above the land surface must not be harvested for fourteen months after application of bio - solids. (iii) Food crops with harvested parts below the surface of the land must not be harvested for twenty months after appli- cation of biosolids when the biosolids remain on the land sur- face for four months or longer prior to incorporation into the soil. (iv) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight months after application of biosolids when the biosolids remain on the land surface for less than four months prior to incorporation into the soil (v) Livestock must not be allowed to graze on the land for thirty days after application of biosolids. (vi) Public access to land with a high potential for public exposure must be restricted for one year after application of biosolids. (vii) Public access to land with a low potential for public exposure must be restricted for thirty days after application of biosolids. (viii) Unless otherwise approved in a site specific land application plan under WAC 173-308-310 (6)(b), during the [Ch. 173-308 WAC—p. 14] time when access is restricted, signs must be posted around the application site at all significant points of access, and oth- erwise around the perimeter so that they can be noticed and read by a reasonably observant person. The required content of signs is listed in WAC 173-308-275. It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of (a)(viii) of this subsection during the period when access is restncted. (ix) Biosolids must not be applied to the land within one hundred feet of a well unless otherwise approved in a permit issued in accordance with the requirements of this chapter. (b) The site management restrictions in (b)(i) through (iii) of this subsection are applicable to biosolids that do not meet standards to be classified as exceptional quality when they are applied to forestland. (i) Bulk biosolids may not be applied to land that is ten meters or less from surface waters of the state, unless other- wise specified by the department. (ii) Bulk biosolids may not be applied to the land so that they enter a wetland or waters of the state, unless approved in a permit issued by the department, or by EPA with the approval of the department. (iii) Bulk biosolids may not be applied to the land if they are likely to adversely affect a threatened or endangered spe- cies listed under WAC 232-12-011 or 232-12-014 or its criti- cal habitat. (5) Recordkeeping. (a) The person who prepares biosolids for application to forestland must keep the records required in WAC 173-308- 290 (2) and (3). (b) The person who applies biosolids that do not meet criteria to be classified as exceptional quality to forestland must keep the records required in WAC 173-308-290(4). (6) Reporting. The person who prepares biosolids for application to forestland must submit an annual report in accordance with the requirements of WAC 173-308-295. [Statutory Authority- RCW 70.95J.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-220, filed 2/18/98, effective 3/21/98.] WAC 173-308-230 Bulk biosolids applied to a public contact site. (1) Pollutant concentrations. (a) The concentration of a pollutant in bulk biosolids that are applied to a public contact site may not exceed the ceiling limit in Table 1 of WAC 173-308-160. (b) If the concentration of a pollutant in bulk biosolids that are applied to a public contact site exceeds the pollutant concentration limits in Table 3 of WAC 173-308-160, then the total cumulative loading rate for each pollutant may not exceed the Limit in Table 2 of WAC 173-308-160, as required in WAC 173-308-160 (1)(b)(i) (2) Pathogens. Bulk biosolids that are applied to a pub- lic contact site must be Class A for pathogens, or they must be Class B for pathogens and the site management and access restrictions in WAC 173-308-230 (4)(a)(i) through (ix) and (b)(i) through (iii) must be met. (3) Vector attraction reduction. (a) Bulk biosolids that are applied to a public contact site must meet one of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7) before they are applied (2/18/98) • • • Biosolids Management 173-308-240 to the land; or the requirements of (b)(i) or (ii) of this subsec- tion must be met. (b)(i) The biosolids must be injected below the surface of the land; and (A) No significant amount of the biosolids may be present on the land surface within one hour after the biosolids are injected; and (B) When the biosolids are Class A for pathogens, the biosolids must be injected below the land surface within eight hours after being discharged from the pathogen treatment process. (ii) Biosolids must be incorporated into the soil within six hours after application to the land. When biosolids that are incorporated into the soil are Class A with respect to pathogens, the biosolids must be applied to the land within eight hours after being discharged from the pathogen treatment process. (4) Site management and access restrictions. (a) The site management and access restrictions in (a)(i) through (ix) and (b)(i) through (iii) of this subsection are applicable to biosolids that are Class B for pathogens when they are applied to a public contact site. (i) Food crops, feed crops, and fiber crops must not be harvested for thirty days after application of biosolids. (ii) Food crops with harvested parts that touch the biosol- ids/soil mixture and are totally above the land surface must not be harvested for fourteen months after application of bio - solids. (iii) Food crops with harvested parts below the surface of the land must not be harvested for twenty months after appli- cation of biosolids when the biosolids remain on the land sur- face for four months or longer prior to incorporation into the soil. (iv) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight months after application of biosolids when the biosolids remain on the land surface for less than four months prior to incorporation into the soil. (v) Livestock must not be allowed to graze on the land for thirty days after application of biosolids. (vi) Turf grown on land where biosolids are applied must not be harvested for one year after application of the biosolids when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department. (vii) Public access must be restricted for one year after application of biosolids. (viii) Unless otherwise approved in a site specific land application plan under WAC 173-308-310 (6)(b), during the time when access is restricted, signs must be posted around the application site at all significant points of access, and oth- erwise around the perimeter so that they can be noticed and read by a reasonably observant person. The required content of signs is listed in WAC 173-308-275 It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of (a)(viii) of this subsection during the period when access is restricted. (ix) Biosolids must not be applied to the land within one hundred feet of a well unless otherwise approved in a permit issued in accordance with the requirements of this chapter (2/18/98) (b) The site management restrictions in (b)(i) through (iii) of this subsection are applicable to biosolids that do not meet standards to be classified as exceptional quality when they are applied to a public contact site. (i) Bulk biosolids may not be applied to land that is ten meters or less from surface waters of the state, unless other- wise specified by the department. (ii) Bulk biosolids may not be applied to the land so that they enter a wetland or waters of the state, unless approved in a permit issued by the department, or by EPA with the approval of the department. (iii) Bulk biosolids may not be applied to the land if they are likely to adversely affect a threatened or endangered spe- cies listed under WAC 232-12-011 or 232-12-014 or its criti- cal habitat. (5) Recordkeeping. (a) The person who prepares bulk biosolids for applica- tion to a public contact site must keep the records required in WAC 173-308-290 (2) and (3) (b) The person who applies bulk biosolids that do not meet critena to be classified as exceptional quality to a public contact site must keep the records required in WAC 173-308- 290(4). (6) Reporting. The person who prepares bulk biosolids for application to a public contact site must submit an annual report in accordance with the requirements of WAC 173-308- 295. [Statutory Authority- RCW 70.95J.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-230, filed 2/18/98, effective 3/21/98.1 WAC 173-308-240 Bulk biosolids applied to a land reclamation site. (1) Pollutant concentrations. (a) The concentration of a pollutant in bulk biosolids that are applied to a land reclamation site may not exceed the allowable ceiling limit in Table 1 of WAC 173-308-160 (b) If the concentration of a pollutant in bulk biosolids that are applied to a land reclamation site exceeds the pollut- ant concentration limits in Table 3 of WAC 173-308-160, then the total cumulative loading rate for each pollutant may not exceed the limit in Table 2 of WAC 173-308-160, as required in WAC 173-308-160 (1)(b)(i). (2) Pathogens. Bulk biosolids that are applied to a land reclamation site must be Class A for pathogens, or the bulk biosolids must be Class B for pathogens and the site manage- ment and access restrictions in subsection (4)(a)(i) through (x) and (b)(i) through (iii) of this section must be met. (3) Vector attraction reduction. (a) Bulk biosolids that are applied to a land reclamation site must meet one of the vector attraction reduction require- ments in WAC 173-308-180 (2) through (7) before they are applied to the land, or the requirements of (b)(i) or (ii) of this subsection must be met. (b)(i) The biosolids must be injected below the surface of the land; and (A) No significant amount of the biosolids may be present on the land surface within one hour after the biosolids are injected; and (B) When the biosolids are Class A for pathogens, the biosolids must be injected below the land surface within eight [Ch. 173-308 WAC—p. 15 ] • • • 173-308-250 Biosolids Management hours after being discharged from the pathogen treatment process. (ii) Biosolids must be incorporated into the soil within six hours after application to the land. When biosolids that are incorporated into the soil are Class A with respect to pathogens, the biosolids must be applied to the land within eight hours after being discharged from the pathogen treatment process. (4) Site management and access restrictions. (a) The site management and access restrictions in (a)(i) through (x) and (b)(i) through (iii) of this subsection are applicable to biosolids that are Class B for pathogens when they are applied to a land reclamation site. (i) Food crops, feed crops, and fiber crops must not be harvested for thirty days after application of biosolids. (ii) Food crops with harvested parts that touch the biosol- ids/soil mixture and are totally above the land surface must not be harvested for fourteen months after application of bio - solids. (iii) Food crops with harvested parts below the surface of the land must not be harvested for twenty months after appli- cation of biosolids when the biosolids remain on the land sur- face for four months or longer prior to incorporation into the soil. (iv) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight months after application of biosolids when the biosolids remain on the land surface for less than four months prior to incorporation into the soil (v) Livestock must not be allowed to graze on the land for thirty days after application of biosolids. (vi) Turf grown on land where biosolids are applied must not be harvested for one year after application of the biosolids when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department. (vii) Public access to land with a high potential for public exposure must be restricted for one year after application of biosolids. (viii) Public access to land with a low potential for public exposure must be restricted for thirty days after application of biosolids. (ix) Unless otherwise approved in a site specific land application plan under WAC 173-308-310 (6)(b), during the time when access is restricted, signs must be posted around the application site at all significant points of access, and oth- erwise around the perimeter so that they can be noticed and read by a reasonably observant person. The required content of signs is listed in WAC 173-308-275 It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of (a)(ix) of this subsection during the period when access is restricted. (x) Biosolids must not be applied to the land within one hundred feet of a well unless otherwise approved in a permit issued in accordance with the requirements of this chapter (b) The site management restrictions in (b)(i) through (iii) of this subsection are applicable to biosolids that do not meet standards to be classified as exceptional quality when they are applied to a land reclamation site. (Ch. 173-308 WAC—p. 16] (i) Bulk biosolids may not be applied to land that is ten meters or less from surface waters of the state, unless other- wise specified by the department; (ii) Bulk biosolids may not be applied to the land so that they enter a wetland or waters of the state, unless approved in a permit issued by the department, or by EPA with the approval of the department; (iii) Bulk biosolids may not be applied to the land if they are likely to adversely affect a threatened or endangered spe- cies listed under WAC 232-12-011 or 232-12-014 or its criti- cal habitat. (5) Application exceeding agronomic rates. In accor- dance with WAC 173-308-190 (1) and (5), when biosolids will be applied to a land reclamation site in excess of agro- nomic rates, the application rate must be approved in a site specific land application plan by the department. The depart- ment may require that an evaluation be conducted as speci- fied in WAC 173-200-080 Where it is determined that an enforcement criterion may be violated, the evaluation must be conducted to demonstrate compliance with the provisions of WAC 173-200-050 (3)(b)(vi). (6) Recordkeeping. (a) The person who prepares biosolids for application to a land reclamation site must keep the records required in WAC 173-308-290 (2) and (3). (b) The person who applies biosolids that do not meet criteria to be classified as exceptional quality to a land recla- mation site must keep the records required in WAC 173-308- 290(4) (7) Reporting. The person who prepares biosolids for application to a land reclamation site must submit an annual report in accor- dance with the requirements of WAC 173-308-295 [Statutory Authority. RCW 70.95J.020 and 70 95.255 98-05-101 (Order 97-30), § 173-308-240, filed 2/18/98, effective 3/21/98.] WAC 173-308-250 Bulk biosolids applied to a lawn or home garden. (1) Bulk biosolids that are applied to a lawn or home garden must meet the criteria to be classified as exceptional quality as defined in WAC 173-308-080 (2) Recordkeeping. The person who prepares bulk bio - solids for application to a lawn or home garden must keep the records required to WAC 173-308-290 (2) and (3) (3) Reporting. The person who prepares bulk biosolids for application to a lawn or home garden must submit annual reports in accordance with the requirements of WAC 173- 308-295. [Statutory Authority• RCW 70.951.020 and 70 95.255 98-05-101 (Order 97-30), § 173-308-250, filed 2/18/98, effective 3/21/98.] WAC 173-308-260 Biosolids sold or given away in a bag or other container. (1) Pollutant concentrations. (a) The concentration of a pollutant in biosolids that are sold or given away in a bag or other container may not exceed the allowable ceiling limit in Table 1 of WAC 173-308-160 (b) If biosolids that are sold or given away in a bag or other container exceed the pollutant concentration limits in Table 3 of WAC 173-308-160, then. (i) The mathematical product of the concentration of each pollutant in the biosolids and the annual whole biosolids (2/18/98) • • • Biosolids Management 173-308-270 application rate for the biosolids must not cause the annual pollutant loading rate for the pollutant in Table 4 of WAC 173-308-160 to be exceeded; The procedure for determining the annual whole biosol- ids application rate that complies with the requirement in (b)(i) of this subsection is specified in Appendix A of this chapter. (ii) The annual whole biosolids application rate as calcu- lated in (b)(i) of this subsection, or the recommended agro- nomic rate, whichever is less, must be included on the label or information sheet required in WAC 173-308-260(4). (2) Pathogens. Biosolids that are sold or given away in a bag or other container must be Class A for pathogens. (3) Vector attraction. One of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7) must be met when biosolids are sold or given away in a bag or other container for application to the land. (4) Label or information sheet required. Any person who prepares biosolids that are sold or given away in a bag or other container in the state of Washington, must comply with the requirements of (a)(i) through (vi) of this subsection when the biosolids product is prepared or derived from bio - solids that do not meet exceptional quality standards. (a) A label must be affixed to the bag or other container in which biosolids are sold or given away, or an information sheet must be provided to the person who receives biosolids that are sold or given away in a bag or other container. The label or information sheet must contain the following infor- mation: (i) The name, address, and phone number of the person who prepared the biosolids. (ii) A statement or information indicating that the prod- uct complies with applicable regulations for biosolids or that the product has been prepared to meet standards that make it safe for its intended use when used in accordance with the directions provided by the manufacturer (iii) A statement or information that encourages proper use of the product and protection of public health and the environment. This may include information on agronomic rates, product storage, hygiene, and protection of surface or ground water resources. (iv) Agronomic rates for typical applications or guidance on how to determine the agronomic rate of application (v) A statement or information indicating that the prod- uct contains or is derived from biosolids (vi) Any additional information needed to facilitate safe use of the product. (b) In addition to the information required in (a)(i) through (vi) of this subsection, the information in subsection (1)(b)(ii) of this section when the pollutant limits in Table 3 of WAC 173-308-160 are exceeded. (c) Any person who prepares biosolids that are sold or distributed outside the jurisdiction of the state of Washington, must comply with the requirements in 40 CFR"Part 503 14(e), as applicable. (5) Recordkeeping. The person who prepares biosolids for sale or give away in a bag or other container must keep the records required 1n WAC 173-308-290 (2) and (5). (6) Reporting. The person who prepares biosolids for sale or give away in a bag or other container must submit (2/18/98) annual reports in accordance with the requirements of WAC 173-308-295. [Statutory Authority RCW 70.95J.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-260, filed 2/18/98, effective 3/21/98.] WAC 173-308-270 Domestic septage management requirements. (1) Domestic septage may not be applied to a public contact site, a lawn, or a home garden, unless it is man- aged as biosolids originating from municipal sewage sludge according to this subsection (1). When domestic septage managed as biosolids originat- ing from municipal sewage is applied to the land, unless oth- erwise provided, all applicable requirements for biosolids must be met, including but not limited to requirements for pathogen and vector attraction reduction, site management and access restrictions, pollutant concentration limits, agro- nomic rates, obtaining and providing information, sampling and analysis, and recordkeeping and reporting. (2) Domestic septage that is applied to the land must be treated by a process such as physical screening or grinding, or another approved method must be employed to significantly remove or reduce recognizable materials when septage is applied to the land. (3) Pathogens. (a) When domestic septage - class II is applied to the land, the alkaline stabilization requirement of (b) of this sub- section must be met, or the Class B pathogen requirements in one of WAC 173-308-170 (3)(a) through (c) and the site management and access restrictions in subsection (5)(a)(i) through (ix) and (b)(i) through (iv) of this section must be met. (b) When domestic septage - class I or III is applied to the land, the pH of the septage must be raised to twelve or higher by alkali addition and, without the addition of more alkali, must remain at twelve or higher for thirty minutes and the site management and access restrictions in subsection (5)(a)(i) through (ix) of this section must be met, or, when pH adjustment is not used to achieve pathogen reduction require- ments, the site management and access restrictions in subsec- tion (5)(a)(i) through (ix) and (b)(i) through (iv) of this sec- tion must be met. (4) Vector attraction reduction. The requirements in one of (a), (b), or (c) of this subsection, must be met when domestic septage is applied to the land. (a) The septage must be injected below the surface of the land; (i) No significant amount of septage may be present on the land surface within one hour after the septage is injected; and (ii) When the septage is Class A for pathogens, the sep- tage must be injected below the land surface within eight hours after being discharged from the pathogen treatment process. (b) Septage must be incorporated into the soil within six hours after application to the land; When septage that is incorporated into the soil is Class A with respect to pathogens, the septage must be applied to the land within eight hours after being discharged from the pathogen treatment process. [Ch. 173-308 WAC—p. 17] • • • 173-308-275 Biosolids Management (c) The pH of the septage must be raised to twelve or higher by alkali addition and, without the addition of more alkali, must remain at twelve or higher for thirty minutes. (5) Site management and access restrictions. (a) The site management and access restrictions in (a)(i) through (ix) of this subsection are applicable when domestic septage is applied to the land. (i) Food crops, feed crops, and fiber crops must not be harvested for thirty days after the application of septage. (ii) Food crops with harvested parts that touch the sep- tage/soil mixture and are totally above the land surface must not be harvested for fourteen months after application of sep- tage. (iii) Food crops with harvested parts below the surface of the land must not be harvested for twenty months after appli- cation of septage when the septage remains on the land sur- face for four months or longer prior to incorporation into the soil. (iv) Food crops with harvested parts below the surface of the land must not be harvested for thirty-eight months after application of septage when the septage remains on the land surface for less than four months prior to incorporation into the soil. (v) Unless otherwise approved in a site specific land application plan under WAC 173-308-310 (6)(b), during the time when access is restricted, signs must be posted around the application site at all significant points of access, and oth- erwise around the perimeter so that they can be noticed and read by a reasonably observant person. The required content of signs is listed in WAC 173-308-275. It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of subsec- tion (4)(a)(v) of this section dunng the period when access is restricted. (vi) Septage must not be applied to land that is one hun- dred feet or less from surface waters of the state, unless oth- erwise specified by the department; (vii) Septage must not be applied to the land so that it enters a wetland or waters of the state, unless approved in a permit issued by the department, or by EPA with the approval of the department; (viii) Septage must not be applied to the land if it is likely to adversely affect a threatened or endangered species listed under WAC 232-12-011 or 232-12-014 or its critical habitat. (ix) Septage must not be applied to the land within one hundred feet of a well unless otherwise approved in a permit issued in accordance with the requirements of this chapter. (b) In addition to the site management and access restric- tions in (a)(i) through (ix) of this subsection, the additional site management and access restrictions in (b)(i) through (iv) of this subsection apply to domestic septage if the pH adjust- ment requirement of subsection (3)(b) of this section is not met when septage is applied to the land. (i) Livestock must not be allowed to graze on the land for thirty days after application of septage. (ii) Turf grown on land where septage is applied must not be harvested for one year after application of the septage when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department. [Ch. 173-308 WAC—p. 18] (iii) Public access to land with a high potential for public exposure must be restncted for one year after the application of septage. (iv) Public access to land with a low potential for public exposure must be restricted for thirty days after the applica- tion of septage. (6) Except as provided in this subsection (6), septage that is applied to the land must be applied at a rate not exceeding the rate determined by equation (3). AAR =N/O.0O26 Where. Equation (3) AAR = Annual application rate in gallons per acre per three hundred sixty -five-day period. N = Amount of nitrogen in pounds per acre per 365 day period needed by the crop or vegeta- tion grown on the land. A person may not apply domestic septage to the land during a three hundred sixty -five-day period if the annual application rate in this subsection (6) has been reached during that period, unless the domestic septage is managed as biosol- ids originating from municipal sewage sludge per subsection (1) of this section. (7) Monitoring. (a) Samples of domestic septage that are collected and analyzed must be representative of the material that is applied to the land. (b) When domestic septage - class I, II, or III is applied to the land and pH adjustment is used to meet any pathogen or vector attraction reduction requirement, each container of domestic septage that is applied to the land must be moni- tored to determine compliance with pH requirements. (8) Recordkeeping. The person who prepares septage and the person who applies septage must keep the records required in WAC 173-308-290(6). (9) Reporting. Facilities that prepare septage for appli- cation to the land, and persons who apply septage to the land, which is not prepared at a treatment works treating domestic sewage must submit annual reports in accordance with the requirements of WAC 173-308-295 [Statutory Authority• RCW 70.951.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-270, filed 2/18/98, effective 3/21/98.J WAC 173-308-275 Contents of signs for land appli- cation sites. (1) When signs are required for the purpose of restricting access, they must contain at least the following information: (a) The name and address or phone number of the gener- ator and if different, the person who applies; (b) The names, addresses, and phone numbers of the reg- ulatory and permitting authonties, (c) The material that is being applied (biosolids or a more detailed description); (d) Notice that access is restncted, and if desired, the date after which access is no longer restricted, and (e) If applicable, a notice on limitations regarding the harvest of edible plants from the site. (2/18/98) • • • Biosolids Management 173-308-290 (2) With the consent of the department, "no trespassing" signs may be substituted for the informational signs required under subsection (1) of this section. [Statutory Authority• RCW 70.951.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-275, filed 2/18/98, effective 3/21/98.] WAC 173-308-280 Requirements for facilities stor- ing biosolids. (1) Facilities storing biosolids must do so in accordance with the provisions of a permit issued under this chapter, if an applicable permit has been issued. (2) Biosolids may not be stored in a mariner that would be likely to result in the contamination of ground water, sur- face water, air, or land under current conditions or in the case of fire or flood. (3) Facilities storing liquid biosolids in surface impound- ments must meet the requirements in WAC 173-304-430 and other applicable sections of chapter 173-304 WAC that apply to the design, construction, and operation of surface impoundments. [Statutory Authority. RCW 70.951 020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-280, filed 2/18/98, effective 3/21/98.] WAC 173-308-290 Recordkeeping. (1)(a) Both the person who prepares biosolids and the person who applies bulk biosolids to the land must keep certain records and cer- tification statements showing that applicable standards for biosolids quality, treatment, and management have been met. Records must also be kept on the amount and type biosolids applied to the land under different management scenarios or that are disposed of in a municipal solid waste landfill. (b) A responsible official as described in WAC 173-308- 310(8) must sign all certification statements required under this section. (2) The person who prepares biosolids must keep the fol- lowing records (amounts recorded as dry tons): (a) The amount of bulk biosolids applied by the preparer or the preparer's agents to agricultural land; (b) The amount of bulk biosolids applied by the preparer or the preparer's agents to forestland, (c) The amount of bulk biosolids applied by the preparer or the preparer's agents to a public contact site; (d) The amount of bulk biosolids applied by the preparer or the preparer's agents to a land reclamation site, (e) The amount of bulk biosolids applied by the preparer or the preparer's agents to a lawn or home garden; (f) The amount of biosolids that are sold or given away by the preparer in a bag or other container for application to the land; (g) The amount of biosolids in a compost or blended bio - solids product that is sold or given away by the preparer in bulk form or in a bag or other container for application to the land; (h) The amount of bulk biosolids that are sold or given away by the preparer to another person who prepares biosol- ids for application to the land, (i) The amount of bulk biosolids that are sold or given away by the preparer to a person other than an agent of the preparer for application to the land; and (2/18/98) (j) The amount of biosolids that are disposed in a munic- ipal solid waste landfill on an emergency, temporary, or long- term basis. (3) When bulk biosolids are applied to the land, the per- son who prepares the biosolids must develop and maintain the following information, as applicable, for five years: (a) If the pollutant Limits in Table 3 of WAC 173-308- 160 were met, laboratory analysis data showing that those limits were met; or, if the pollutant ceiling concentrations in Table 1 of WAC 173-308-160 were met, laboratory analysis data showing that those limits were met. (b) If the Class A pathogen requirements in one of WAC 173-308-170 (2)(a) through (1) were met, process monitoring and/or laboratory analysis data showing that those require- ments were met, and a description of how those requirements were met; or, if the Class B pathogen standards in one of WAC 173-308-170 (3)(a), (b), or (c) were met, process mon- itoring and/or laboratory analysis data showing that those requirements were met, and a description of how those requirements were met. (c) If the vector attraction reduction requirements in one of WAC 173-308-180 (2) through (7) were met, process monitoring and/or laboratory analysis monitonng data show- ing that those requirements were met and a description of how those requirements were met. (d) One of the following certification statements, as applicable. (i) If the vector attraction reduction requirements in one of WAC 173-308-180 (2) through (7) were met, the follow- ing signed certification: "I certify, under penalty of law, that the (Insert Class A or Class B as appropriate) pathogen requirements in (insert one of WAC 173-308-170 (2)(a), (b), (c), (d), (e), or (f) if Class A, or insert one of WAC 173-308- 170 (3)(a), (b), or (c) if Class B), and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in WAC 173-308-180 (2) through (7)) have been met. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that pathogen and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certifi- cation including the possibility of fine and imprisonment." (ii) If the vector attraction reduction requirements in one of WAC 173-308-180 (2) through (7) were not met, the fol- lowing signed certification: "I certify, under penalty of law, that the (insert Class A or Class B as appropriate) pathogen requirements in (insert one of WAC 173-308-170 (2)(a), (b), (c), (d), (e), or (f) if Class A, or insert one of WAC 173-308- 170 (3)(a), (b), or (c) if Class B) have been met. This determi- nation was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that pathogen reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprison- ment." (4) When bulk biosolids are applied to the land, the per- son who applies the biosolids must develop and maintain the [Ch. 173-308 WAC—p. 19] • • • 173-308-290 Biosolids Management following information, as applicable, for five years or indefi- nitely as required in (c) of this subsection (a) If the Class B pathogen standards in one of WAC 173-308-170 (3)(a), (b), or (c) were met, a description of how the site management and access restrictions in WAC 173- 308-210 (4)(a)(i) through (x), or WAC 173-308-220 (4)(a)(i) through (ix), or WAC 173-308-230 (4)(a)(i) through (ix), or WAC 173-308-240 (4)(a)(i) through (x), as applicable, were met for each site on which biosolids were applied. The following signed certification: "I certify, under pen- alty of law, that the site management and access restrictions in (insert WAC 173-308-210 (4)(a)(i) through (x), or WAC 173-308-220 (4)(a)(i) through (ix), or WAC 173-308-230 (4)(a)(i) through (ix), or WAC 173-308-240 (4)(a)(i) through (x), as applicable) have been met for each site on which bulk biosolids were applied. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the site management and access restrictions have been met. I am aware that there are significant penalties for false certifica- tion including fine and imprisonment." (b) If the vector attraction reduction requirements in WAC 173-308-210 (3)(b)(i) or (ii), WAC 173-308-220 (3)(b)(i) or (ii), WAC 173-308-230 (3)(b)(i) or (ii), or WAC 173-308-240 (4)(b)(i) or (ii) were met, a description of how those requirements were met. The following signed certification: "I certify, under pen- alty of law, that the vector attraction reduction requirement in (insert WAC 173-308-210 (3)(b)(i) or (ii), WAC 173-308- 220 (3)(b)(i) or (ii), WAC 173-308-230 (3)(b)(i) or (ii), WAC 173-308-240 (3)(b)(i) or (ii), as applicable) has been met for each site on which biosolids were applied. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to deter- mine that the vector attraction reduction and site management requirements have been met. I am aware that there are signif- icant penalties for false certification including the possibility of fine and imprisonment." (c) If the pollutant ceiling concentration limits in Table 1 of WAC 173-308-160 were met (but the concentration limits in Table 3 were exceeded), the information in (c)(i) through (v) of this subsection must be developed and kept indefi- nitely. (i) The location, by street address if applicable, a copy of the assessor's plat map(s) with the application area(s) clearly shown or the latitude and longitude of the approximate center of each land application site, and the section, township, and range of each quarter section on which biosolids were applied. (ii) The number of hectares in each site on which bulk biosolids were applied. (iii) The date and time bulk biosolids were applied to each site. (iv) The cumulative amount of each pollutant (i.e., kilo- grams) listed in Table 2 of WAC 173-308-160 in the bulk biosolids applied to each site, including the amount(s) in WAC 173-308-160 (2)(b)(i) and (iii) [Ch. 173-308 WAC -p. 20] (v) The amount of biosohds (i.e., dry metric tons) applied to each site. (d) A description of how the requirement to obtain infor- mation under WAC 173-308-160 (2)(b) was met. (i) The following signed certification: "I certify, under penalty of law, that the requirement to obtain information under WAC 173-308-160 (2)(b) has been met for each site on which bulk biosolids were applied. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the requirements to obtain information have been met. I am aware that there are significant penalties for false certifica- tion including fine and imprisonment." (ii) If the biosolids that were applied to the land did not meet standards to be classified as exceptional quality, and the site management restrictions in WAC 173-308-210 (4)(b)(i) through (iii), or WAC 173-308-220 (4)(b)(i) through (iii), or WAC 173-308-230 (4)(b)(i) through (iii), or WAC 173-308- 240 (4)(b)(i) through (iii) were met, the following signed cer- tification: "I certify, under penalty of law, that the site management restrictions in (insert WAC 173-308-210 (4)(b)(i) through (iii), or WAC 173-308-220 (4)(b)(i) through (iii), or WAC 173-308-230 (4)(b)(i) through (iii), or WAC 173-308-240 (4)(b)(i) through (iii), as applicable) were met for each site on which bulk biosolids were applied. This determination was made under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the site management restrictions have been met. I am aware that there are significant penalties for false certification including fine and imprisonment." (5) When biosolids are sold or given away in a bag or other container for application to the land, the person who prepares the biosolids must develop and maintain the follow- ing information, as applicable, for five years. (a) If the pollutant limits in Table 3 of WAC 173-308- 160 were met, laboratory analysis data showing that those limits were met; or, if the pollutant ceiling concentrations in Table 1 of WAC 173-308-160 were met, laboratory analysis data showing that those limits were met. (b) Process monitoring and/or laboratory analysis data showing that the Class A pathogen requirements in one of WAC 173-308-170 (2)(a) through (f) were met, and a description of how those requirements were met. (c) Process monitoring and/or laboratory analysis data showing that the vector attraction reduction requirements in one of WAC 173-308-180 (2) through (7) were met, and a description of how those requirements were met. (d) The following certification statement: "I certify, under penalty of law, that the Class A patho- gen requirement in (insert one of WAC 173-308-170 (2)(a), (b), (c), (d), (e), or (f) if Class A), and the vector attraction reduction requirement in (insert one of WAC 173-308-180 (2) through (7)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel prop- erly gather and evaluate the information used to determine that pathogen requirement and vector attraction reduction (2/18/98) • t • Biosolids Management 173-308-00 requirements have been met. I am aware that there are signif- icant penalties for false certification including the possibility of fine and imprisonment." (e) When the biosolids are subject to the requirements of WAC 173-308-160(4), the concentration in the biosolids of each pollutant listed in Table 4 of WAC 173-308-160, and the annual whole biosolids application rate that does not cause the annual pollutant loading rates in Table 4 of WAC 173-308-160 to be exceeded. The following certification statement: "I certify, under penalty of law, that the labeling and notification requirement in WAC 173-308-260 (1)(b)(ii) has been met. This determination has been made under my direc- tion and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evalu- ate the information used to determine that the labeling and notification requirements are met. I am aware that there are significant penalties for false certification including the pos- sibility of fine and imprisonment." (6) When domestic septage is applied to the land, the person who applies the domestic septage must develop and maintain the following information, as applicable, for five years. (a) The location, by street address if applicable, a copy of the assessor's plat map(s) with the application area(s) clearly shown or the latitude and longitude of the approximate center of each land application site, and the section, township and range of each quarter section on which septage is applied. (b) The number of acres in each site on which septage is applied. (c) The date and time septage is applied to each site. (d) The nitrogen requirement for the crop or vegetation grown on each site during a three hundred sixty -five-day period. (e) The rate, in gallons per acre per three hundred sixty- five -day period, at which septage is applied to each site and the total number of gallons of septage applied to each site; (f) The source of the septage, including the name and address of the individual or business where the septage was generated, or in the case of a centralized septage treatment facility, the name of the person or business who delivered the septage, the dates of delivery, and how much septage was delivered. (g) The class of septage as defined in WAC 173-308- 080 (h) A description of how the pathogen requirements in WAC 173-308-270 (3)(a) or (b) were met. (i) A description of how the vector attraction reduction requirements in one of WAC 173-308-270 (4)(a), (b), or (c) were met. (j) A description of how the applicable site management and access restriction requirements in WAC 173-308-270(5) were met. (k) The following signed certification: "I certify, under penalty of law, that the pathogen requirements in (insert either WAC 173-308-270 (3)(a) or (b)), the vector attraction reduction requirements in (insert one of WAC 173-308-270 (4)(a), (b), or (c)), and the applicable site management and access restriction requirements in WAC 173-308-270(5) have been met. This determination has been made under my (2/18/98) direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen and vector attraction reduction requirements and site management and access restrictions have been met. I am aware that there are significant penalties for false certifica- tion including the possibility of fine and impnsonment." [Statutory Authority- RCW 70.951.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-290, filed 2/18/98, effective 3/21/98.] WAC 173-308-295 Annual reports. (1) Class I biosol- ids management facilities, treatment works treating domestic sewage with a design flow rate equal to or greater than one million gallons per day, and those that serve 10,000 people or more, must submit to the department by March 1 of each year, the following information for the preceding calendar year: (a) All applicable information required under WAC 173- 308-290 (2), (3) and (5), (b) The information in WAC 173-308-290 (4)(c)(i) through (v) and WAC 173-308-290 (4)(d) and (d)(i) and (ii) when ninety percent or more of any of the cumulative pollut- ant loading rates in Table 2 of WAC 173-308-160 have been reached. (2) Other facilities and treatment works treating domes- tic sewage that are not required to submit an annual report under WAC 173-308-295(1) must submit part or all of any applicable information in WAC 173-308-290 (1)(a) and (b) as required by the department on the written request of the department, or in accordance with the requirements of an applicable permit issued by the department. (3) All persons who apply septage to the land must sub- mit to the department by March 1 of each year, the following information for the preceding calendar year: (a) The number of gallons of septage applied to the land. (b) The number of acres of land to which septage was applied. [Statutory Authority• RCW 70.951.020 and 70 95.255 98-05-101 (Order 97-30), § 173-308-295, filed 2/18/98, effective 3/21/98.) WAC 173-308-300 Disposal of municipal sewage sludge or biosolids in municipal solid waste landfill units. (1) When biosolids are placed in a municipal solid waste landfill unit they are considered solid waste (municipal sew- age sludge). (2) The use of municipal sewage sludge or biosolids that are subject to regulation under this chapter, as daily cover or as an amendment to daily cover is not a beneficial use and is considered disposal. The use of biosolids as a component of landfill interme- diate or final cover is considered a beneficial use if it is con- sistent with an approved landfill plan of operations or clo- sure/post-closure plan. (a) Landfills that use biosolids that do not meet standards to be classified as exceptional quality as a component of intermediate or final cover must have an approved site spe- cific land application plan that meets the requirements of WAC 173-308-310(6) and 173-308-210, 173-308-230, or 173-308-240, as applicable. [Ch. 173-308 WAC—p. 211 • • • 173-308-310 Biosolids Management (b) For the purposes of beneficial use on a municipal solid waste landfill unit, a site specific land application plan may recognize an approved plan of operations or clo- sure/post-closure plan that addresses the substantive require- ments of WAC 173-308-310(6) and 173-308-210, 173-308- 230, or 173-308-240, as applicable (3) Any landfill accepting municipal sewage sludge for disposal must be in compliance with the requirements of chapter 173-351 WAC and 40 CFR Part 258. (4) Municipal sewage sludge that is disposed in a munic- ipal solid waste landfill must meet the liquids in landfills restrictions of WAC 173-351-200(9). (5) Municipal sewage sludge that is disposed in a munic- ipal solid waste landfill must not be hazardous waste as defined in chapter 173-303 WAC (6) Disposal on an emergency or temporary basis Facil- ities wishing to dispose of municipal sewage sludge in a municipal solid waste landfill on an emergency or temporary basis must meet the conditions of (a) through (c) of this sub- section and those in WAC 173-351-220(10). (a) The person proposing to dispose of municipal sewage sludge must obtain a written determination from the local health department where the biosolids are being or would be land applied, that a potentially unhealthful circumstance exists under present conditions of management or would result from further land application of the biosolids, and that other management options are unavailable or would pose a threat to human health or the environment. (b) Upon making the determination in (a) of this subsec- tion, the local health department must notify the department in writing, of its findings and the basis for its determination. In its notification, the local health department must state the date on which disposal is approved to commence, any condi- tions, and the date after which continued disposal is prohib- ited. (i) If the municipal sewage sludge is proposed to be dis- posed of in a municipal solid waste landfill outside the juris- diction of the local health department in (b) of this subsec- tion, the person proposing to dispose of the municipal sewage sludge must obtain written approval for disposal from the health department in the receiving jurisdiction. (ii) If the junsdictional health department in (b)(i) of this subsection, approves disposal of the municipal sewage sludge, the person proposing the disposal must forward a copy of the jurisdictional health department's determination to the department. (c) Any person wishing to dispose of municipal sewage sludge in a municipal solid waste landfill on a temporary basis must submit a plan for approval to the department. The plan must include the following information (i) The conditions that make disposal necessary. (ii) The steps that will be taken to correct the conditions in (c)(i) of this subsection, so that disposal will not become a long-term management option. (iii) A time table for implementing the steps to be taken in (c)(ii) of this subsection. (7) Disposal on a long-term basis. (a) Facilities wishing to dispose of municipal sewage sludge in a municipal solid waste landfill on a long-term basis must have authorization to do so in a valid NPDES or state [Ch. 173-308 WAC—p. 221 waste discharge permit issued under chapter 90 48 RCW, or a valid permit issued in accordance with this chapter. (b) Any person wishing to engage in the disposal of municipal sewage sludge in a municipal solid waste landfill on a long-term basis must meet the conditions of (b)(i) and (ii) of this subsection and those in subsections (3), (4), and (5) of this section. (i) The person proposing to dispose of municipal sewage sludge or biosolids must demonstrate to the satisfaction of the department that other options for disposal or beneficial use are economically infeasible. (ii) The person proposing to dispose of municipal sew- age sludge must provide the department with written approval for disposal from the local health department in the receiving jurisdiction. (8) All facilities that dispose of municipal sewage sludge in a municipal solid waste landfill must submit the informa- tion in WAC 173-308-290 (2)(j), as required under WAC 173-308-295 [Statutory Authority• RCW 70.951.020 and 70.95.255 98-05-101 (Order 97-30), § 173-308-300, filed 2/18/98, effective 3/21/98.1 WAC 173-308-310 Permitting. (1) Applicable facili- ties—Application required. (a) Except as provided in (a) of this subsection, all treat- ment works treating domestic sewage that engage in practices regulated under this chapter are applicable facilities, and must apply for an individual permit or for coverage under a general permit for the final use or disposal of biosolids. Facilities that compost biosolids, and those facilities where only septage is applied to the land or collected and treated prior to application to the land, do not require permit- ting under this chapter if: (i) A permit is not otherwise required in order to comply with the Federal Clean Water Act; (ii) The department and local health department agree that a permit issued by the local health department will be adequate, (iii) The conditions of the permit issued by the local health department meet or exceed the requirements of this chapter; and (iv) The department does not otherwise find that a state issued permit is necessary because one or more of the condi- tions in (b)(i) through (iv) of this subsection exists. (b) Designation as a treatment works treating domestic sewage. In addition to facilities meeting the definition of a treatment works treating domestic sewage in WAC 173-308- 080, the department may designate any person, site, or facil- ity that treats, uses, transports, or applies biosolids, as a treat- ment works treating domestic sewage, and require the owner or operator to apply for a permit if: (i) The department determines that a permit is necessary to protect human health or the environment from the adverse effect of a pollutant in the biosolids, (ii) The department determines that a permit is necessary to protect human health or the environment from poor biosol- ids management practices; (iii) The department determines that a permit is neces- sary to ensure compliance with any of the requirements in this chapter; or (2J18/98) • • • Biosolids Management 173-308-310 (iv) Bulk biosolids originating from a source or location outside the jurisdiction of the state of Washington are being applied to the land or received at any site. (c) It is a violation of this chapter for a facility to fail to submit a permit application to the department as required by these rules. (2) General and individual permits. The department will issue permits for the treatment and final use or disposal of biosolids. (a) The department will issue, modify, revoke and reis- sue, and terminate general permits in accordance with the procedures in chapter 173-226 WAC. (b) The department will accept and consider applications for coverage under a general permit, modify conditions of coverage, revoke and reauthorize coverage, or terminate cov- erage under a general permit in accordance with the provi- sions of this chapter. (c) The department will issue, modify, revoke and reis- sue, or terminate individual permits in accordance with the provisions of this chapter. (3) Permit selection. (a) After the department has issued a general permit for the final use or disposal of biosolids, all applicable facilities must submit a notice of intent or apply for coverage under the general permit, unless: (i) The facility has a current individual permit issued under this chapter; (ii) The department requires a facility to apply for an individual permit; or (iii) On written request of the applicant, the department has granted permission to apply for an individual permit. (A) A facility may request an individual permit if a prac- tice it proposes is not addressed in a general permit issued by the department. (B) A facility may seek coverage under a general permit for any portion of its biosolids management practices that are applicable under the general permit, and may also request an individual permit for any portion of its biosolids management practices that are not applicable under the general permit. (iv) The department may require any facility applying for an individual permit under (a)(iii)(A) or (B) of this sub- section to limit its practices for the final use or disposal of biosolids to those that are authorized in a general permit, and to apply for a general permit. (b) The department may notify a facility that it is covered by a general permit, even if the facility has not submitted a permit application or notice of intent as required under this subsection (3). (i) A facility so notified may request an individual permit in accordance with the provisions of (a)(iii) of this subsec- tion. (ii) Facilities that are notified of coverage under (b) of this subsection must submit a notice of intent or permit appli- cation as directed by the department. (4) Timing of applications and notices of intent — renewal of coverage. (a) Except for facilities in (e)(i) and (f) of this subsection, existing facilities that are class one biosolids management facilities, publicly owned treatment works with a design flow rate equal to or greater than one million gallons per day, and (2/18/98) those that serve a population of 10,000 people or more must either: (i) Submit an application for coverage under a general permit within ninety days after issuance of a biosolids gen- eral permit by the department; or (ii) Submit a notice of intent within ninety days of issu- ance of an applicable general permit, followed by a complete permit application within one hundred eighty days of issu- ance of the applicable general permit. (b) Except for facilities in (a), (e)(i), and (f) of this sub- section, existing facilities must submit a notice of intent to be covered under a general permit within ninety days after issu- ance of a biosolids general permit by the department. (c) Except for facilities in (e)(ii) and (f) of this subsec- tion, new facilities that are class one biosolids management facilities, publicly owned treatment works with a design flow rate equal to or greater than one million gallons per day, and those that serve a population of 10,000 people or more must submit an application for coverage under a general permit or a request for an individual permit at least one hundred eighty days in advance of engaging in applicable biosolids manage- ment activities. (d) Except for facilities in (c), (e)(ii) and (f) of this sub- section, new facilities must submit a notice of intent to be covered under a general permit or a request for an individual permit at least one hundred eighty days in advance of engag- ing in applicable biosolids management activities. (e)(i) Existing facilities that have not been previously permitted under this subsection that wish to request an indi- vidual permit under subsection (3)(a)(iii) of this section must do so within thirty days of issuance of a biosolids general per- mit by the department. (ii) New facilities that wish to request an individual per- mit under subsection (3)(a)(iii) of this section must do so at least one hundred eighty days in advance of engaging in applicable biosolids management activities. (f) Facilities that have been directed to apply for an indi- vidual permit under subsection (3)(a)(ii) of this section must submit an application for an individual permit as directed by the department, but the department will allow at least ninety days for a submittal. (g) Facilities that are denied an individual permit must submit a notice of intent or a complete permit application for coverage under a general permit as would otherwise he required, within sixty days after being denied an individual permit unless a later date is authorized by the department. (h) Facilities, other than those in (a) of this subsection, that have submitted a notice of intent to be covered under a general permit must submit a complete permit application as follows: (i) Except as required under (h)(iv) of this subsection, if the facility is subject to permitting under chapter 173-216 or 173-220 WAC, a complete permit application is due on the date when an application for a state waste discharge or NPDES permit, or for renewal thereof, is due, or one hundred eighty days after issuance of the applicable general permit, whichever is later. (ii) Except as required under (h)(iv) of this subsection, if the facility is not subject to permitting under chapter 173-216 or 173-220 WAC but is subject to permitting under chapter [Ch. 173-308 WAC -p. 23] • • • 173-308-310 Biosolids Management 173-304 WAC and local solid waste ordinances, a complete permit application is due on the date when an application for a local solid waste permit, or for renewal thereof, is due, or one hundred eighty days after issuance of the applicable gen- eral permit, whichever is later. (iii) Other facilities that have submitted a notice of intent must submit a complete permit application as directed by the department, but the department will allow at least ninety days for a submittal. (iv) The department may require facilities under (h)(i) and (ii) of this subsection to submit a complete permit appli- cation at an earlier date for the purpose of expediting the per- mitting process, or if the department finds that any of the con- ditions in subsection (1)(b)(i) through (iv) of this section are met. Facilities required to make an early submittal must do so within ninety days from the time of the first request unless a later date is authorized by the department. (i) Renewal of coverage. (A) All facilities permitted under this section must sub- mit a notice of intent to continue coverage under a general permit or for initial coverage under a general permit, or an application for an individual permit or for renewal of an indi- vidual permit, at least one hundred eighty days prior to the expiration date of their applicable permit. Facilities that are submitting a notice of intent must sub- mit a complete updated permit application according to the schedule in (a) through (h) of this subsection. (B) When a facility has made timely and sufficient notice of intent or application as required in (i) of this subsection, an expinng permit remains in effect and enforceable until. (I) The application has been denied, (II) A replacement permit has been issued by the depart- ment; or (III) The department has cancelled the expired permit. (C) Unless the department specifies otherwise in a renewing general permit, or notifies a facility directly, facili- ties previously covered under a general permit issued in accordance with subsection (2) of this section are automati- cally covered under a new general permit if they reapply for coverage in accordance with (i) of this subsection; and (I) The facility will not implement a significant change in biosolids management practices under the new permit; and (II) The public notice requirements of subsection (11) of this section have been met and there are no sustainable objec- tions to continuation of coverage. (D) For facilities that are renewing coverage under a general permit, land application plans required under subsec- tion (6) of this section that have been previously approved are automatically approved under the new general permit as long as biosolids management practices remain consistent with the approved plan. (E) Coverage under an expired perrrut for permittees who fail to submit a timely and sufficient application or notice of intent shall cease on the expiration date of the per- mit. (5) Contents of permit applications — notices of intent. (a) All facilities must submit a complete and factually correct permit application in accordance with the schedule established in subsection (4) of this section, on forms or in a format specified by the department. When complete, all per - [ Ch. 173-308 WAC -p. 241 mit applications must contain at least the information m (a)(i) through (xi) of this subsection: (i) The activities conducted by the applicant that require it to obtain a permit, and if applying under a general permit, the name of the permit; (ii) Name, mailing address, and location of the facility for which the application is submitted; (iii) The operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity; (iv) Whether or not the facility or any associated facili- ties or land applications sites are located on Indian or federal lands, (v) A listing of other relevant environmental permits, and all permits or construction approvals received or applied for under any of the following programs: (A) Hazardous waste management program under the Resource Conservation and Recovery Act; (B) Underground injection control program under the Safe Drinking Water Act; (C) National pollutant discharge elimination system pro- gram under the Clean Water Act; (D) Prevention of significant detenoration program under the Clean Air Act; (E) Nonattainment program under the Clean Air Act; (F) National emission standards for hazardous pollutants preconstruction approval under the Clean Air Act; (G) Ocean dumping permits under the Marine Protec- tion, Research, and Sanctuaries Act; (H) Dredge or fill permits under section 404 of the Clean Water Act; (vi) A map extending one mile beyond the property boundaries of the facility, showing the location and means of access to the facility, and additional maps if necessary, show- ing the same for any associated treatment or storage facilities. (vii) Any biosolids monitoring data the applicant has for the last two years, including for land application sites any available soil, or surface or ground water monitoring data, with a description of the sampling locations, and for wells the approximate depth to ground water (viii) A description of the applicant's biosolids use and disposal practices including, where applicable, the location of any sites where the applicant transfers biosolids for treatment or disposal, as well as the name of the applicator or other con- tractor who applies the biosolids to land if different from the applicant; (ix) Land application plans, as required under subsection (6) of this section; (x) The amount of biosolids produced and the amount of biosolids applied to the land during the previous year, and estimated to be produced or applied to the land on an annual basis dunng the life of the permit; (xi) Any information required to determine the appropri- ate standards for permitting under this chapter, and any other information the department may request and reasonably require to assess biosolids use and disposal practices, to determine whether or not to issue a permit, or to ascertain appropriate permit requirements under this chapter (b) A notice of intent to be covered under a general per- mit for biosolids recycling must contain. (2/1 8/9 8) • • • Biosolids Management 173-308-310 (i) The name of the general permit under which coverage is being sought, and a statement declaring the applicant's intent to comply with the requirements of the permit. (ii) The information required in (a)(i) through (iii) of this subsection, and the location and a description of any site(s) where biosolids are treated, stored, disposed, or applied, and whether or not any permit, including a local solid waste per- mit has been issued for a site. (iii) Any information specifically required for a notice of intent under the applicable general permit. (6) Land application plans. (a) Land application plans are not required when exceptional quality biosolids are applied to the land, except as specified in (a)(ii) or (iii) of this subsection. (i) Any person who prepares exceptional quality biosol- ids for application to the land must determine and assure to the extent practicable, through recordkeeping and other means, that all applicable criteria of this chapter and any applicable permit are met when bulk exceptional quality bio - solids are applied to the land. (ii) Any person who prepares exceptional quality biosol- ids for application to the land and who fails to satisfy the requirements in (a)(i) of this subsection, may be required to submit a general or site specific land application plan, or both, for any or all sites where bulk exceptional quality bio - solids are applied to the land, and may also be required to comply with the public notice requirements in subsection (11) of this section. (iii) The department may require a site specific land application plan for any site where bulk exceptional quality biosolids are proposed to be applied if the plan is necessary to evaluate potential permit conditions or if the department finds there would be a strong benefit to the public from the preparation of a site specific plan. (iv) The department may require advance notice prior to the application of bulk exceptional quality biosolids to the land. In such case the department will notify the facility in writing of the conditions requiring advance notice, the length of advance notice required, and the length of time the require- ment for advance notice will remain in effect. (b) Land application plans are required when bulk bio - solids that do not meet criteria to be classified as exceptional quality are applied to the land. Except when biosolids are delivered to a beneficial use facility as provided in (g) of this subsection, facilities that propose to apply biosolids to the land that do not meet criteria to be classified as exceptional quality must either (i) Submit with their permit application a site specific land application plan for each site where biosolids will be applied during the life of the permit; or (ii) Submit with their permit application a general land application plan, and at a later date prior to applying biosolids to a site, a site specific land application plan for each site where biosolids will be applied to the land; (iii) Facilities that submit a general land application plan may also submit at the same time any available site specific land application plans for approval. (c) All site specific land application plans must be con- sistent with a facility's general land application plan, if a gen- eral land application plan is required. (2/18/98) (d) Each site specific land application plan must provide information necessary to determine if the site is appropriate for land application of biosolids, and a description of how the site will be managed. At a minimum, site specific land appli- cation plans must address the following: (i) In accordance with the provisions of WAC 173-308- 160 (2)(b), whether or not it is known or can be determined that biosolids containing pollutants in excess of the values established in Table 3 of WAC 173-308-160 have ever been applied to the site, and if so: (A) The date(s) when the biosolids were applied (if known); (B) The amount of biosolids applied (if known); (C) The concentrations of the pollutants in the biosolids (if known); (D) The area(s) of the site to which the biosolids were applied (if known); (ii) A discussion of the types of crops grown or expected to be grown, their intended end use (e.g., pasture grass for a feed crop, corn as a food crop), and the current distribution of crops on the site; (iii) An explanation of how agronomic rates will be determined during the life of the site, along with any cur- rently available calculations. Whenever agronomic rates are determined or conditions change (i.e., a change in crops or agronomic rates) an update of the agronomic rate calculations must be filed with the department; (iv) Method(s) of application; (v) Seasonal and daily timing of biosolids applications; (vi) Any available data from soils, surface water, or ground water monitoring collected from the site within the last two years; (vii) The name of the county and water resource inven- tory area where biosolids will be applied; (viii) A description of how biosolids will be stored at the site and also addressing related off-site storage; (ix) Site map(s) showing: (A) The location and means of access to the facility; (B) The number of acres in the site; (C) Location and extent of any wetlands on the site; (D) A topographic relief of the application site and sur- rounding area, (E) Adjacent properties and uses and their zoning classi- fication, (F) Any seasonal surface water bodies located on the site or perennial surface water bodies within 1/4 mile of the site; (G) The location of any wells within 1/4 mile of the site that are listed in public records or otherwise known to the applicant, whether for domestic, irrigation, or other purposes; (H) The width of buffer zones to surface waters, property boundaries and other features requiring buffers; (I) The presence and extent of any threatened or endan- gered species or related critical habitat; (J) The location of any critical areas on site, as required to be identified under chapter 36.70A RCW in the county's growth management plan, (K) The location and size of any areas that will be used to store biosolids. (e) Except for facilities under (e)(vi) of this subsection, applicants including beneficial use facilities intending to [Ch. 173-308 WAC -p. 25] • • • 173-308-310 Biosolids Management apply biosolids to the land that do not meet criteria to be clas- sified as exceptional quality, to sites for which a site specific land application plan is not submitted as a part of the permit application, must submit for approval as a part of their permit application, a general land application plan that at a mini- mum: (i) Describes the geographical area covered by the plan, including the names of all counties and water resource inven- tory areas where biosolids may be applied; (ii) Identifies site selection criteria; (iii) Describes how sites will be managed; (iv) Provides for not less than thirty days advance notice to the department of new or expanded land application sites, including those subject to provisional approval under subsec- tion (17) of this section, to allow time for the department to object prior to the biosolids application; and (v) Provides for advance public notice as required in sub- section (11) of this section, and that is reasonably calculated to reach potentially interested adjacent and abutting property owners; except (vi) A general land application plan is not required when biosolids are provided to a beneficial use facility and the requirements of (g) of this subsection are met. (f) As individual sites are identified in accordance with the general land application plan in (6)(e) of this subsection, facilities, including beneficial use facilities applying biosol- ids that do not meet criteria to be classified as exceptional quality must develop and submit the information required for site specific land application plans in (d) of this subsection. (g) When biosolids are provided to a beneficial use facil- ity that has been permitted as a treatment works treating domestic sewage, the person who prepares the biosolids is not required to prepare a land application plan for the biosol- ids that will be applied to the beneficial use facility if: (i) As a part of the permit application, the person who prepares the biosolids identifies the beneficial use facil- ity(ies) to which biosolids may be provided, or, if specific beneficial use facilities cannot be identified, specifies the cri- teria by which beneficial use facilities may be selected at a future date, and (ii) At least thirty days in advance of delivering biosolids to the beneficial use facility the person who prepares the bio - solids submits to the department a certification statement, signed in accordance with the provisions of subsection (8) of this section by the person who prepares the biosolids, stipu- lating the following. (A) That the applicable site specific land application plan and other management plans approved for the beneficial use facility are appropriate to the quality of biosolids being pro- vided by the person who prepared the biosolids; (B) That the person who prepared the biosolids has reviewed the public notice conducted by the beneficial use facility and the conditions in subsection (11)(d) of this sec- tion have been met, or additional public notice has been con- ducted in accordance with subsection (11) of this section, (h) All land application plans, including those authorized under provisional approval in accordance with subsection (17) of this section, are subject to review and final approval by the department. If a land application plan is found to be insufficient, the department may either request additional [ Ch. 173-308 WAC -p. 26] information or may impose additional requirements as a con- dition of approval. Any additional requirements imposed under (h) of this subsection are considered to be permit requirements, fully enforceable in accordance with the provi- sions of this chapter and the applicable permit. (7) Submitting permit applications and notices of intent. Facilities must submit copies of their permit applica- tion or notice of intent as follows: (a) The original must be submitted to the biosolids coor- dinator at the headquarters office of the department of ecol- ogy, and one copy must be submitted to each regional office of the department of ecology where biosolids will be treated or applied to the land. (b) Unless a local health department otherwise requests as provided in (b) of this subsection, one copy must be sub- mitted to the local health department in each county where biosolids will be treated, stored, applied to the land, or dis- posed in a municipal solid waste landfill. Local health departments that elect not to participate in the implementation of this chapter may notify the department in writing that they do not wish to receive copies of permit applications or land application plans. (8) Signatories to permit applications, notices of intent, reports, and other documents. (a) Applications. All permit applications must be signed as follows. (i) For a corporation. By a responsible corporate officer For the purpose of this chapter, a responsible corporate officer means: (A) A president, secretary, treasurer, or vice-president of the corporation in charge of a pnncipal business function, or any other person who performs similar policy-making or decision-making functions for the corporation; or (B) The manager of one or more manufacturing, produc- tion, or operating facilities employing more than two hundred fifty persons or having gross annual sales or expenditures exceeding twenty-five million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with cor- porate procedures. (ii) For a partnership or sole proprietorship. By a general partner or the proprietor, respectively; (iii) For a municipality, state, federal, or other public agency By either a principal executive officer or ranking elected official. For purposes of this section, a pnncipal exec- utive officer of a federal agency includes: (A) The chief executive officer of the agency; or (B) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (b) All reports required by permits, and other informa- tion requested by the department must be signed by a person described in (a) of this subsection, or by a duly authorized representative of that person. A person is a duly authorized representative only if: (i) The authorization is made in writing by a person described in (a) of this subsection; (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant (2/18/98) • • • Biosolids Management 173-308-310 manager, superintendent, position of equivalent responsibil- ity, or an individual or position having overall responsibility for environmental matters; and (iii) The written authorization is submitted to the depart- ment. (c) Changes to authorization. If an authorization under (b) of this subsection is no longer accurate because a different individual or position has responsibility for the overall oper- ation of the facility, a new authorization satisfying the requirements of (b) of this subsection must be submitted to the department prior to or together with any reports, informa- tion, or applications to be signed by an authorized representa- tive. (d) Certification. Any person signing a document under (a) or (b) of this subsection must make the following certifi- cation, unless a different certification is applicable under another related section of this chapter: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information sub- mitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and com- plete. I am aware that there are significant penalties for sub- mitting false information, including the possibility of fine and imprisonment for knowing violations." (9) Public access to information. In accordance with chapter 42 17 RCW, the department must provide, upon request, any information submitted as part of an application for an individual permit or for coverage under a general per- mit, except as provided in (a) of this subsection. (a) In accordance with chapters 42.17, 43.21A, 70.105, and 90.52 RCW, the department must protect any informa- tion (other than information on the quality of biosolids) con- tained in applications as confidential upon a showing by any person that the information, if made public, would divulge methods or processes entitled to protection as trade secrets of the person. (b) Any information accorded confidential status, whether or not contained in any application form, must be disclosed, upon request, to the regional administrator of EPA. (10) Recordkeeping required for permit applications. Applicants must keep records of alt information used to com- plete permit applications and any supplemental information submitted for a period of five years, or longer if otherwise required by this chapter, the conditions of the applicable per- mit, or other state or local laws; (11) Public notice and comment period. (a) All facilities that are applying for coverage under a general permit, facilities applying for renewal of coverage under a general permit that propose a significant change in biosolids management practices, and those applying for an individual permit or for renewal thereof, must issue public notice within each county where they will prepare biosolids for application to the land, and except as provided in (c) and (d) of this subsection, in each county where biosolids not meeting the criteria to be classified as exceptional quality will be applied to the land. Notice must be given as follows: (2/]8/98) (i) The applicant must publish two notices, at intervals of at least one week, in a newspaper of general circulation in each county where biosolids are proposed to be applied to the land. (ii) The applicant must mail a copy of the notice to any person or group that has notified the applicant in writing of an interest in the applicant's biosolids management activities. (iii) For a period of at least thirty days, beginning not later than the last date of newspaper publication required in (a)(i) of this subsection, notice must be posted at all sites identified in the permit application where bulk biosolids that do not meet the standards to be classified as exceptional qual- ity will be applied to the -land, (A) When newspaper notice is not required for new sites being proposed in accordance with an approved general land application plan per (c) of this subsection, the thirty -day notice period in (a)(iii) of this subsection begins when the direct mail notice requirement of (a)(ii) of this subsection has been met. (B) It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of (a)(iii) of this subsection during the public notice period. (iv) Notice must be given by any other method required by the department. (v) At the time of the initial notice, copies of the notice and an explanation of all places where and when the notice was or will be published or posted must be submitted to. (A) The contact person in the regional or headquarters office of the department of ecology that has lead responsibil- ity for the permit; and (B) The local health department in each county where biosolids will be treated, stored, applied to the land, or dis- posed in a municipal solid waste landfill, unless the local health department has waived receipt of notification under subsection (7)(b) of this section. (b) Notices under (a) of this subsection must contain the information in (b)(i) through (xi) of this subsection. (i) The name and address of the facility seeking the per- mit or filing a notice of intent, and a contact person: (ii) When the local health department has accepted dele- gation of responsibility under WAC 173-308-050, the address of the local health department and a contact person, (iii) The address of the regional or headquarters office of the department of ecology that has lead responsibility for the permit, and a contact person; (iv) A brief statement of the applicant's biosolids man- agement practices for which a permit is sought or a notice of intent is being submitted; (v) If coverage under a general permit is being sought, the name of the general permit or the name and location of the site if notice is being given for a site specific land application plan; (vi) The statement: "Any person wishing to comment on this application or desiring to present their views regarding this application to the department of ecology or its delegated representative must do so in writing within thirty days of the last date of newspaper publication of this notice. Comments should be addressed to (insert the name and address of the person identified in (b)(vii) of this subsection)." [Ch. 173-308 WAC -p. 27] 1 • • 173-308-310 Biosolids Management (vii) The person to whom comments should be addressed is the person in (b)(vii)(A) or (B) of this subsection, which- ever is appropriate; (A) When the application or notice of intent is for cover- age under a general permit or for an individual permit, the person to whom comments should be directed is the depart- ment of ecology contact in (b)(iii) of this subsection. (B) When the proposal is for a specific land application site, the person to whom comments should be directed is the department of ecology contact in (b)(iii) of this subsection, except where responsibility has been delegated to a local health department, in which case the recipient of comments should be the local health department contact in (b)(ii) of this subsection. (viii) A statement specifying: (A) Whether or not the permit application contains any information about current or proposed biosolids application sites; (B) Whether or not the permit application contains a plan specifying how future application sites will be identified, (C) If biosolids will be provided to any other facility, including a beneficial use facility; and (D) How the public will be notified regarding the selec- tion of future land application sites. (ix) The time and place of any public hearing or meeting that will be held or the procedures to request one, and other procedures by which the public may participate in the final permit decision, (x) The means by which an interested person or organi- zation can have their name placed on a list to be maintained by the applicant for the purpose of future notification of bio - solids management activities. On written request of the person seeking to have their name added to the list of interested parties, all facilities main- taining a list of interested persons or organizations under (b)(x) of this subsection must provide written confirmation by certified mail, return receipt requested, to each interested person or organization that their name has been placed on the list. (xi) Any additional information considered necessary or proper (c) Except as provided in (d) of this subsection, public notice for a new or expanded land application site that is being proposed in accordance with an approved general land application plan must be satisfied as follows. (i) If site specific local approval is required to be obtained through integrated project review under the State Growth Management Act and the substantive notice require- ments of (b) of this subsection are met, public notice for the purposes of this rule will be satisfied by compliance with the public notice requirements of the local integrated project review process, (ii) Public notice conducted in accordance with the State Environmental Policy Act satisfies the public notice require- ments of this rule for new or expanded land application sites if the substantive requirements of (b) of this subsection are met and the site is specifically identified in an environmental checklist that is available for public review and comment; (iii) The public notice process for new or expanded land application sites not applicable under (c)(i) or (ii) of this sub - [Ch. 173-308 WAC -p. 28] section must meet the requirements of (a)(ii) through (v) and (b) of this subsection. (d) Facilities that will provide biosolids to a permitted beneficial use facility must conduct public notice in accor- dance with this subsection as follows: (i) Public notice must be given when applying for an individual permit or for coverage under a general permit; (ii) Other than sites that are part of a beneficial use facil- ity, public notice must be given for all new or expanded sites where biosolids not meeting the criteria to be classified as exceptional quality will be applied to the land; (iii) Facilities that provide biosolids to a permitted bene- ficial use facility are not required to carry out public notice specific to the land application of biosolids at the beneficial use facility if: (A) Public notice given for the beneficial use facility identified the facility providing the biosolids, or (B) Public notice given for the beneficial use facility clearly stated that biosolids would be accepted from unknown sources, including sources outside of the county in which the beneficial use facility is located, as applicable. (e) Facilities applying for individual permits must com- plete the public notice requirements in this subsection at the time they apply for a permit and at the time when a draft per- mit is provided for formal review by the department. (12) Public hearings and meetings. (a) The department may require an applicant to hold a public hearing or meeting when applying for coverage under a general permit, for an individual permit, or for any land application plan if it finds, on the basis of requests, a signifi- cant degree of public interest, or that a public discussion might clarify one or more aspects important to compliance with the requirements of this chapter or an applicable permit. (b) Dunng the public comment period provided for in subsection (11) of this section, any person may request the department to require a public hearing or meeting if none has been scheduled. Any request for a public hearing or meeting must be in writing and must state the nature of the issues pro- posed to be raised. The department will consider all requests that are received not later than the final comment date speci- fied in the notice required under subsection (11)(b) of this section. (c) Notice of hearing. If the department determines that a public hearing must be held, the applicant must give notice of a public hearing in accordance with the procedures in subsec- tion (11)(a) and (b) of this section, except that posting of sites that are not specifically subject to the hearing is not required. (i) The notice of heanng must contain the following information. (A) The dates of previous public notices relating to the permit application, (B) The date, time, and place of the hearing; (C) A brief description of the nature and purpose of the hearing, including any rules and procedures that apply. (ii) Copies of the notice and an explanation of all places where and when the notice was published must be submitted to. (A) The contact person in the regional or headquarters office of the department of ecology that has lead responsibil- ity for the permit; and (2/18/98) • • • Biosolids Management 173-308-310 (B) Any applicable local health department that has accepted delegation of authority under WAC 173-308-050. (d) Public hearings required under this subsection, must be held in each county where biosolids will be treated or applied to the land, unless otherwise allowed by the depart- ment. (e) Public hearings required under this subsection must be held no sooner than thirty days after the final notice of public hearing published in accordance with subsection (11)(a)(i) of this section, and at a time and place as can be rea- sonably expected to be convenient to the department and interested parties. Public hearings must be attended by a representative of the permit applicant who is authorized to respond to ques- tions from the public and the department, and by a represen- tative of the department. (f) Notice conducted for public meetings is the same as that required for public hearings unless otherwise allowed by the department. (13) Record and response to comments received. (a) The department will maintain a record of all written comments received during the public comment period in sub- section (11) of this section, and of all comments properly submitted in response to a public hearing required under sub- section (12) of this section (b) The department will prepare a response to all relevant comments received, and will briefly describe any changes that resulted (other than editorial changes) to an individual permit or to an applicant's coverage under a general permit. (c) The department is not obligated to consider or respond to comments or information that is received later than thirty days after the initial date of publication of public notice, or the date of a public hearing, whichever is later. (14) Additional requirements. In addition to the requirements of this chapter, the department may impose additional requirements as part of the approval process for coverage under a general permit or as conditions of an indi- vidual permit if any of the conditions in subsection (1)(b)(i) through (iv) of this section are met. (a) Any additional requirements imposed under this sub- section are considered to be permit requirements, fully enforceable in accordance with the provisions of this chapter and the applicable permit. (b) If known, any additional requirements must be dis- closed at a public hearing if a public hearing is held, or if imposed subsequent to a public heanng, must become a part of the written record required under subsection (13)(b) of this section (15) Compliance schedules. (a) A permit may specify a schedule leading to compli- ance with the federal Clean Water Act and these regulations. Any compliance schedule under this section must require compliance as soon as possible, but not later than any appli- cable statutory deadline under the Clean Water Act or chapter 70.95J RCW (b) Interim dates. If a permit establishes a compliance schedule that exceeds one year from the date of permit issu- ance, the schedule must set forth interim requirements and the date for their achievement. The time between interim dates must not exceed six months. (2/18/98) (c) Reporting. The permit must require that no later than fourteen days after each interim date and the final date of compliance, the permittee must notify the department in writ- ing of its compliance or noncompliance with the interim or final requirements. (16) Fact sheet required for individual permits. (a) The department must prepare a fact sheet for every draft individual permit for a class I biosolids management facility, for every draft individual permit requiring permit conditions developed on a case-by-case basis to implement section 405(d)(4) of the Clean Water Act, for every draft individual permit that includes a general land application plan under subsection (6)(b)(iii) of this section, and for every draft individual permit that the director finds is the subject of widespread public interest or raises major issues. The fact sheet must briefly set forth the principal facts and the signifi- cant factual, legal, methodological, and policy questions con- sidered in preparing the draft permit. The director must send this fact sheet to the applicant and, on request, to any other person. (b) The fact sheet must include: (i) A bnef description of the type of facility or activity that is the subject of the draft permit; (ii) Any calculations or other necessary explanation of the derivation of conditions for biosolids use and disposal, including a citation to the applicable standards for biosolids use or disposal and reasons why they are applicable, or in the case of conditions developed on a case-by-case basis to implement section 405 (d)(4) of the Clean Water Act, an explanation of, and the bases for the conditions; and (iii) For permits that include a general land application plan under subsection (6)(b)(iii) of this section, a brief description of how each of the required elements of the land application plan is addressed in the permit. (17) Approval of coverage. After reviewing an applica- tion for an individual permit or for coverage under a general permit, and considering other pertinent information including any testimony received during a public hearing or meeting, or written comments submitted in response to a public notice, the department may approve coverage under a general permit or issue an individual permit. (a) If coverage under a general permit is approved or an individual permit is issued, the department will notify the applicant in writing, conveying a final copy of the issued per- mit including any additional requirements or stipulations that are imposed as a condition of coverage under a general per- mit. (b) If an application for an individual permit or for cov- erage under a general permit is disapproved, the department will notify the applicant in writing, including an explanation of why coverage was disapproved. (c) On and after the effective date of this chapter, if there are no significant changes to biosolids management practices at an existing site, a facility may continue to apply biosolids to sites that were permitted by the local health department before the effective date of this chapter, in accordance with the requirements of the local health department, the applica- ble general permit, and this chapter, unless the department objects in writing [Ch. 173-308 WAC -p. 29]