Current through Register Vol. 24-06, March 15, 2024
(1) In addition to the requirements of WAC
173-220-130 and
173-220-140, each issued permit
shall require that:
(a) All discharges
authorized by the permit shall be consistent with the terms and conditions of
the permit;
(b) Any facility
expansions, production increases or process modifications which would result in
new or increased discharges of pollutants causing effluent limitations in the
permit to be exceeded must be reported to the department by submission of a new
application or supplement thereto; or, if such discharge does not violate
effluent limitations specified in the permit, by submission to the department
of notice of such new or increased discharges of pollutants;
(c) Any discharge of any pollutant more
frequent than or at a level in excess of that identified and authorized by the
permit shall constitute a violation of the terms and conditions of the
permit;
(d) The permit may be
modified or revoked in whole or in part during its terms for cause including,
but not limited to, the following:
(i)
Violation of any term or condition of the permit;
(ii) Obtaining a permit by misrepresentation
or failure to disclose fully all relevant facts;
(iii) A change in any condition that requires
either a temporary or permanent reduction or elimination of the permitted
discharge;
(iv) A determination
that the permitted activity endangers human health or the environment, or
contributes to water quality standards violations;
(v) Incorporation of an approved local
pretreatment program into a municipality's permit;
(vi) Establishment of a toxic effluent
standard or prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) under section 307(a) of the FWPCA for a toxic
pollutant which is more stringent than any limitation upon such pollutant in
the permit;
(vii) Failure or
refusal of the permittee to allow entry as required in
RCW
90.48.090; and
(viii) Nonpayment of permit fees assessed
pursuant to RCW 90.48.610.
(e) The permittee shall allow the department
or its authorized representative upon the presentation of credentials and at
reasonable times:
(i) To enter upon
permittee's premises in which an effluent source is located or in which any
records are required to be kept under terms and conditions of the permit,
subject to any access restrictions due to the nature of the project;
(ii) To have access to, and copy at
reasonable cost, any records required to be kept under terms and conditions of
the permit;
(iii) To inspect any
monitoring equipment or method required in the permit; and
(iv) To sample any discharge of
pollutants.
(f) If the
permit is for a discharge from a publicly owned treatment works, the permittee
shall provide notice to the department of the following:
(i) Any new introduction of pollutants into
such treatment works from a source which would be a new source as defined in
section 306 of the FWPCA if such source were discharging pollutants;
(ii) Except as to such categories and classes
of point sources or discharges specified by the department, any new
introduction of pollutants into such treatment works from a source which would
be subject to section 301 of the FWPCA if such source were discharging
pollutants;
(iii) Any substantial
change in volume or character of pollutants being introduced into such
treatment works by a source existing at the time of issuance of the permit.
Such notice shall include information on:
(A) The quality and quantity of effluent to
be introduced into such treatment works; and
(B) Any anticipated impact of such change in
the quantity or quality of effluent to be discharged from such publicly owned
treatment works.
(g) The permittee shall at all times properly
operate and maintain any facilities or systems of control installed by the
permittee to achieve compliance with the terms and conditions of the permit.
Where design criteria have been established, the permittee shall not allow
flows or waste loadings to exceed approved design criteria, or approved
revisions thereto.
(2)
Every permit shall be conditioned to insure that any industrial user of any
publicly owned treatment works will comply with sections 204(b), 307, and 308
of the FWPCA.
(3) When deemed
necessary by the department, any publicly owned treatment works shall be
required to develop a full or partial local pretreatment program as specified
in 40 C.F.R. Part 403. Permit conditions for a municipality which has received
full local pretreatment program approval shall include:
(a) Granting of authority to issue permits
under chapter 173-208 WAC;
(b) A
requirement to develop, adopt, and enforce a program that is at least as
stringent as the department's program under chapter 173-216 WAC; and
(c) A requirement to report to the department
at a specified frequency on the status of its implementation.
(4) Permits for domestic
wastewater facilities shall be issued only to a public entity, except in the
following circumstances:
(a) Facilities
existing or approved for construction with private operation on or before the
effective date of this chapter, until such time as the facility is expanded;
or
(b) Facilities that serve a
single nonresidential, industrial, or commercial establishment.
Commercial/industrial complexes serving multiple owners or tenants and multiple
residential dwelling facilities such as mobile home parks, apartments, and
condominiums are not considered single commercial establishments for the
purpose of the preceding sentence.
(5) For facilities that are owned by
nonpublic entities and under contract to a public entity, the permit shall be
issued to the public entity.
Statutory Authority:
RCW
90.54.020 and
chapter
90.48 RCW. 88-22-059
(Order 88-9), § 173-220-150, filed 11/1/88. Statutory Authority:
Chapter
43.21A RCW. 88-12-035
(Order 88-8), § 173-220-150, filed 5/26/88, effective 7/1/88; 86-06-040
(Order 86-03), § 173-220-150, filed 3/4/86. Statutory Authority:
Chapter
90.48 RCW. 84-11-024
(Order DE 84-19), § 173-220-150, filed 5/11/84. Statutory Authority:
RCW
90.48.035 and
90.48.260. 82-24-078 (Order DE
82-39), § 173-220-150, filed 12/1/82; Order DE 74-1, § 173-220-150,
filed 2/15/74.