Revised Code of Washington - RCW Title 90 Water Rights -- Environment - Chapter 90.48 Water Pollution Control

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 ...

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 ...

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 ...

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 ...

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 ...

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, ...

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other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance ...

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, ...

90.48.090 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, ...

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 chapter 90.56 RCW the department shall, in conjunction with either the adoption of rules, consideration of ...

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 ...

90.48.110 Plans and proposed methods of operation and maintenance of sewerage or disposal systems to be submitted to department -- Exceptions -- Time limitations
(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 ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

90.48.162 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 ...

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 ...

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 ...

90.48.180 Waste 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 ...

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 ...

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 ...

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 ...

90.48.215 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 ...

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 ...

90.48.230 Application 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 ...

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 ...

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 ...

90.48.260 Federal clean water act -- Department designated as state agency, authority -- Delegation of 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 ...

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 ...

90.48.262 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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

90.48.300 Pollution control facilities -- Tax exemptions and credits
See chapter 82.34 RCW. ...

90.48.310 Application of barley straw to waters of the state
(1) Notwithstanding any other provisions of this chapter, the application of barley straw to waters of the state for the purposes of water clarification does ...

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 ...

90.48.366 Discharge of oil into waters of the state -- Compensation schedule
The department, in consultation with the departments of fish and wildlife and natural resources, and the parks and recreation commission, shall adopt rules establishing a ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

90.48.422 Water quality standards -- Compliance methods -- Department authority
(1) The legislature finds that the courts have rendered decisions in Elkhorn (Public Utility District No. 1 v. Washington Department of Ecology, 511 U.S. 700, ...

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 ...

90.48.430 Watershed 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 ...

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 ...

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 ...

90.48.448 Eurasion 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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 that would reduce flows to the ...

90.48.500 Pollution Disclosure Act of 1971
See chapter 90.52 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 ...

90.48.530 Construction projects involving fill material -- Leaching test
(1) In order to ensure that construction projects involving the use of fill material do not pose a threat to water quality, the department may ...

90.48.531 Leaching tests -- Identification -- Report to the legislature
The department shall identify the leaching tests utilized for evaluating the potential impacts to water quality in situations where fill material is imported. The tests ...

90.48.540 Use attainability analysis of water within federal reclamation project boundaries--Rules
(1) The department, as resources allow, shall at the request of the United States bureau of reclamation or federal reclamation project irrigation districts cooperatively conduct ...

90.48.555 Construction and industrial storm water general permits--Effluent limitations--Report
The provisions of this section apply to the construction and industrial storm water general permits issued by the department pursuant to the federal clean water ...

90.48.560 Construction and industrial storm water general permits--Inspection and compliance
The provisions of this section apply to the construction and industrial storm water general permits issued by the department pursuant to the federal clean water ...

90.48.565 Construction and industrial storm water general permits--Fees
(1) The department shall establish permit fees for construction and industrial storm water general permits as necessary to fund the provisions of RCW 90.48.555 and ...

90.48.570 Water quality data--Findings--Intent
(1) The legislature finds that: (a) The proper collection and review of credible water quality data is necessary to ensure compliance with the requirements of ...

90.48.575 Water quality data--Definitions
The definitions in this section apply to RCW 90.48.580 and 90.48.585 unless the context clearly requires otherwise. (1) "Credible data" means data meeting the requirements ...

90.48.580 Water quality data--Credible data, information, literature
(1) The department shall use credible information and literature for developing and reviewing a surface water quality standard or technical model used to establish a ...

90.48.585 Water quality data--When credible
(1) In collecting and analyzing water quality data for any purpose identified in RCW 90.48.580(2), data is considered credible data if: (a) Appropriate quality assurance ...

90.48.590 Water quality data--Falsified data--Penalty
Any person who knowingly falsifies data is guilty of a gross misdemeanor.[2004 c 228 § 5.] ...

90.48.595 On-site sewage disposal system repair and replacement -- Loan and grant programs
The department shall offer financial and technical assistance to local governments and tribal entities in Puget Sound counties to establish or expand on-site sewage disposal ...

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 ...

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 ...

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 ...

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 ...

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 ...

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.] ...