Wash. Admin. Code § 173-204-120 - Antidegradation and designated use policies
Current through Register Vol. 21-18, September 15, 2021
Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-120, filed 3/27/91, effective 4/27/91.
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Antidegradation and designated use policies.
(1) Antidegradation policy. The antidegradation policy of the state of Washington as generally guided by chapters 90.48 and 90.54 RCW, is applicable to any person's new or increased activity and shall apply to this chapter as follows:
(a) Existing beneficial uses shall be maintained and protected and no further degradation which would interfere with or become injurious to existing beneficial uses shall be allowed.
(b) No degradation of existing sediment quality shall be allowed of waters constituting an outstanding national resource, such as waters of national and state parks and scenic and recreation areas, wildlife refuges, and waters of exceptional recreational or ecological significance.
(c) Whenever surface sediments are of a higher quality (i.e., lower chemical concentrations or adverse biological response) than the criteria assigned to said sediments, the existing surface sediment quality shall be protected and waste and other materials and substances shall not be allowed to contaminate such sediments or reduce the existing sediment quality thereof, except in those instances where:
(i) It is clear, after satisfactory public participation and intergovernmental coordination, that overriding considerations of the public interest will be served;
(ii) All wastes and other materials and substances proposed for discharge that may contaminate such sediments are provided with all known, available and reasonable methods of prevention, control, and treatment and/or best management practices;
(iii) The reduction of existing surface sediment quality is authorized by the department; and
(iv) Existing beneficial uses are maintained and protected, and no degradation which would interfere with and/or become injurious to existing sediment beneficial uses and/or causes long-term, irreparable harm to the environment is allowed.
(2) Designated use policy. The policy of the department and the purpose of this chapter shall be to manage waste discharges and sediment quality so as to protect existing beneficial uses and move towards attainment of designated beneficial uses as specified in section 101 (a)(2) of the federal Clean Water Act (33 U.S.C. 1251, et seq.) and chapter 173-201 WAC, the Water quality standards for surface waters of the state of Washington. This policy is applicable to any person's existing or proposed actions which may affect surface sediment quality.
[Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. WSR 91-08-019 (Order 90-41), § 173-204-120, filed 3/27/91, effective 4/27/91.]