Washington Administrative Code
Title 463 - Energy Facility Site Evaluation Council
Chapter 463-76 - Regulations for compliance with NPDES permit program
Section 463-76-052 - Prohibited discharges
Universal Citation: WA Admin Code 463-76-052
Current through Register Vol. 24-24, December 15, 2024
(1) No discharge regulated under the act shall be made by energy facilities subject to the jurisdiction of the council unless authorized by an NPDES permit issued pursuant to these regulations.
(2) No NPDES permit may be issued by the council:
(a) When the conditions of the permit do not provide for
compliance with the applicable requirements of the act, or regulations
promulgated under the act;
(b) When the applicant is required to obtain a state
certification under section 401 of the act and 40 C.F.R. 124.53 and that
certification has not been obtained or waived;
(c) When the imposition of conditions cannot ensure compliance
with the applicable water quality requirements of Washington state;
(d) For the discharge of any radiological, chemical or
biological warfare agent or high-level radioactive waste into surface waters of
the state;
(e) For the discharge of any pollutants which the secretary of
the Army acting through the chief, Corps of Engineers, finds would
substantially impair anchorage and navigation in waters subject to the
jurisdiction of the Corps of Engineers;
(f) For the discharge of any pollutant to which the regional
administrator has objected in writing pursuant to any right to object provided
the administrator in section
402(d) of the
act;
(g) For discharge from a point source any pollutant which is in
conflict with the plan or amendment thereto approved pursuant to section
208(b) of the
act;
(h) For the discharge of any pollutant subject to a toxic
pollutant discharge prohibition under section 307 of the act;
(i) For any discharge to the territorial sea, the waters of the
contiguous zone, or the oceans in the following circumstances:
(i) Before the promulgation of guidelines under section
403(c) of the
act, unless the council determines permit issuance to be in the public
interest;
(ii) After promulgation of guidelines under section
403(c) of the
act, when insufficient information exists to make a reasonable judgment whether
the discharge complies with them;
(j) To a new source or a new discharger, if the discharge from
its construction or operation will cause or contribute to a violation of water
quality standards. The owner or operator of a new source or new discharger
proposing to discharge into a water segment which does not meet applicable
water quality standards or is not expected to meet those standards even after
the application of effluent limitations required by sections
301(b)(1)(A) and
301(b)(1)(B) of
the act, and for which the state has performed a pollutants load allocation for
the pollutant to be discharged, must demonstrate, before the close of comment
period, that:
(i) There are sufficient remaining pollutant load allocations
to allow for the discharge; and
(ii) The existing dischargers into that segment are subject to
compliance schedules designed to bring the segment into compliance with
applicable water quality standards. The council may waive the submission of
information by the new source or new discharger required by (j) of this
subsection if the council determines that the council already has adequate
information to evaluate the request. An explanation of the development of
limitations to meet the criteria of this paragraph is to be included in the
fact sheet;
(k) Discharge any dangerous waste as defined in the Dangerous
waste regulations, chapter 173-303 WAC, into a subsurface disposal system such
as a well or drainfield.
Statutory Authority: RCW 80.50.040(1) and (12). 04-21-013, amended and recodified as § 463-76-052, filed 10/11/04, effective 11/11/04; Order 114, § 463-38-052, filed 2/4/77. Formerly WAC 463-16-052.
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.
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