Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-219 - RECLAIMED WATER
Section 173-219-040 - Direct enforceability
Universal Citation: WA Admin Code 173-219-040
Current through Register Vol. 24-06, March 15, 2024
All persons subject to the requirements of this chapter must comply on the effective date of this chapter, except as allowed under subsection (1) of this section.
(1) Exceptions. Persons issued a permit before the effective date of this chapter are subject to this chapter except as follows:
(a) The lead agency may issue an extension
for compliance to persons issued a permit before the effective date of this
chapter to provide a reasonable timeline for compliance with this
chapter.
(b) Persons issued a
permit before the effective date of this chapter:
(i) Must request the extension for compliance
in writing and provide good cause for the request.
(ii) Are not required to obtain a
modification of the existing reclaimed water permit until the application for
the permit renewal is due under WAC 173-219-070.
(2) Waiver request.
(a) A generator may request in writing a
waiver from specific requirements of this chapter. Waiver requests must:
(i) Identify the requirement requested to be
waived.
(ii) State the reason for
the waiver.
(iii) Provide
information supporting the request and any additional information identified by
the lead agency needed to make the waiver determination.
(b) The lead agency may grant a waiver, in
consultation with the nonlead agency, if it:
(i) Is consistent with the purpose and intent
of this chapter.
(ii) Does not
lower the level of public health and environmental protection required within
this chapter.
(c) The
lead agency must provide:
(i) Twenty-one
calendar days for the nonlead agency to review and comment on the waiver
request before granting or denying a waiver.
(ii) Written notice to the generator within
ninety calendar days granting or denying a waiver request, requesting
additional information, or explaining any delay and stating an expected date
for issuing a decision.
(d) The requirements of WAC 173-219-090
cannot be waived.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
