Current through Register Vol. 24-06, March 15, 2024
(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 groundwater 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
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 groundwater 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.
