Chapter 173-201A WAC
Last Update: 8/14/24WATER QUALITY STANDARDS FOR SURFACE WATERS OF THE STATE OF WASHINGTON
WAC Sections
PART I - INTRODUCTION | ||
HTMLPDF | 173-201A-010 | Purpose. |
HTMLPDF | 173-201A-020 | Definitions. |
PART II - DESIGNATED USES AND CRITERIA | ||
HTMLPDF | 173-201A-200 | Fresh water designated uses and criteria. |
HTMLPDF | 173-201A-210 | Marine water designated uses and criteria. |
HTMLPDF | 173-201A-230 | Establishing lake nutrient criteria. |
HTMLPDF | 173-201A-240 | Toxic substances. |
HTMLPDF | 173-201A-250 | Radioactive substances. |
HTMLPDF | 173-201A-260 | Natural conditions and other water quality criteria and applications. |
PART III - ANTIDEGRADATION | ||
HTMLPDF | 173-201A-300 | Description. |
HTMLPDF | 173-201A-310 | Tier I—Protection and maintenance of existing and designated uses. |
HTMLPDF | 173-201A-320 | Tier II—Protection of waters of higher quality than the standards. |
HTMLPDF | 173-201A-330 | Tier III—Protection of outstanding resource waters. |
HTMLPDF | 173-201A-332 | Table 332—Outstanding resource water designations by water resource inventory area (WRIA). |
PART IV - TOOLS FOR APPLICATION OF CRITERIA AND USES | ||
HTMLPDF | 173-201A-400 | Mixing zones. |
HTMLPDF | 173-201A-410 | Short-term modifications. |
HTMLPDF | 173-201A-420 | Variance. |
HTMLPDF | 173-201A-430 | Site-specific criteria. |
HTMLPDF | 173-201A-440 | Use attainability analysis. |
HTMLPDF | 173-201A-450 | Water quality offsets. |
HTMLPDF | 173-201A-460 | Intake credits. |
PART V - IMPLEMENTATION OF STANDARDS | ||
HTMLPDF | 173-201A-500 | Achievement considerations. |
HTMLPDF | 173-201A-510 | Means of implementation. |
HTMLPDF | 173-201A-520 | Monitoring and compliance. |
HTMLPDF | 173-201A-530 | Enforcement. |
PART VI - USE DESIGNATIONS FOR WATERS OF THE STATE | ||
HTMLPDF | 173-201A-600 | Use designations—Fresh waters. |
HTMLPDF | 173-201A-602 | Table 602—Use designations for fresh waters by water resource inventory area (WRIA). |
HTMLPDF | 173-201A-610 | Use designations—Marine waters. |
HTMLPDF | 173-201A-612 | Table 612—Use designations for marine waters. |
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
173-201A-030 | General water use and criteria classes. [Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-030, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-030, filed 11/25/92, effective 12/26/92.] Repealed by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. |
173-201A-040 | Toxic substances. [Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-040, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-040, filed 11/25/92, effective 12/26/92.] Amended and decodified by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. Recodified as § 173-201A-240. |
173-201A-050 | Radioactive substances. [Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-050, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-050, filed 11/25/92, effective 12/26/92.] Decodified by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. Recodified as § 173-201A-250. |
173-201A-060 | General considerations. [Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-060, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-060, filed 11/25/92, effective 12/26/92.] Repealed by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. |
173-201A-070 | Antidegradation. [Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-070, filed 11/25/92, effective 12/26/92.] Repealed by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. |
173-201A-080 | Outstanding resource waters. [Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-080, filed 11/25/92, effective 12/26/92.] Repealed by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. |
173-201A-100 | Mixing zones. [Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-100, filed 11/25/92, effective 12/26/92.] Amended and decodified by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. Recodified as § 173-201A-400. |
173-201A-110 | Short-term modifications. [Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-110, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-110, filed 11/25/92, effective 12/26/92.] Amended and decodified by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. Recodified as § 173-201A-410. |
173-201A-120 | General classifications. [Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-120, filed 11/25/92, effective 12/26/92.] Repealed by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. |
173-201A-130 | Specific classifications—Freshwater. [Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-130, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-130, filed 11/25/92, effective 12/26/92.] Repealed by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. |
173-201A-140 | Specific classifications—Marine water. [Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-140, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-140, filed 11/25/92, effective 12/26/92.] Repealed by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. |
173-201A-150 | Achievement considerations. [Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-150, filed 11/25/92, effective 12/26/92.] Decodified by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. Recodified as § 173-201A-500. |
173-201A-160 | Implementation. [Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-160, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-160, filed 11/25/92, effective 12/26/92.] Amended and decodified by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. Recodified as § 173-201A-510. |
173-201A-170 | Surveillance. [Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-170, filed 11/25/92, effective 12/26/92.] Amended and decodified by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. Recodified as § 173-201A-520. |
173-201A-180 | Enforcement. [Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-180, filed 11/25/92, effective 12/26/92.] Decodified by WSR 03-14-129 (Order 02-14), filed 7/1/03, effective 8/1/03. Statutory Authority: Chapters 90.48 and 90.54 RCW. Recodified as § 173-201A-530. |
PART I - INTRODUCTION
PDF173-201A-010
Purpose.
(1) The purpose of this chapter is to establish water quality standards for surface waters of the state of Washington consistent with public health and public enjoyment of the waters and the propagation and protection of fish, shellfish, and wildlife, pursuant to the provisions of chapter 90.48 RCW. All actions must comply with this chapter. As part of this chapter:
(a) All surface waters are protected by numeric and narrative criteria, designated uses, and an antidegradation policy.
(b) Based on the use designations, numeric and narrative criteria are assigned to a water body to protect the existing and designated uses.
(c) Where multiple criteria for the same water quality parameter are assigned to a water body to protect different uses, the most stringent criteria for each parameter is to be applied.
(2) Surface waters of the state include lakes, rivers, ponds, streams, inland waters, saltwaters, wetlands, and all other surface waters and water courses within the jurisdiction of the state of Washington.
(3) This chapter will be reviewed periodically by the department and appropriate revisions will be undertaken.
(4) WAC 173-201A-200 through 173-201A-260 and 173-201A-600 through 173-201A-612 describe the designated water uses and criteria for the state of Washington. These criteria were established based on existing and potential water uses of the surface waters of the state. Consideration was also given to both the natural water quality potential and its limitations. Compliance with the surface water quality standards of the state of Washington requires compliance with chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington, chapter 173-204 WAC, Sediment management standards, and applicable federal rules.
[Statutory Authority: RCW 90.48.035. WSR 11-09-090 (Order 10-10), § 173-201A-010, filed 4/20/11, effective 5/21/11. Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), § 173-201A-010, filed 7/1/03, effective 8/1/03. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-010, filed 11/25/92, effective 12/26/92.]
PDF173-201A-020
Definitions.
The following definitions are intended to facilitate the use of chapter 173-201A WAC:
"1-DMax" or "1-day maximum temperature" is the highest water temperature reached on any given day. This measure can be obtained using calibrated maximum/minimum thermometers or continuous monitoring probes having sampling intervals of 30 minutes or less.
"7-DADMax" or "7-day average of the daily maximum temperatures" is the arithmetic average of seven consecutive measures of daily maximum temperatures. The 7-DADMax for any individual day is calculated by averaging that day's daily maximum temperature with the daily maximum temperatures of the three days prior and the three days after that date.
"Action value" means a total phosphorus (TP) value established at the upper limit of the trophic states in each ecoregion (see Table 230(1)). Exceedance of an action value indicates that a problem is suspected. A lake-specific study may be needed to confirm if a nutrient problem exists.
"Actions" refers broadly to any human projects or activities.
"Acute conditions" are changes in the physical, chemical, or biologic environment which are expected or demonstrated to result in injury or death to an organism as a result of short-term exposure to the substance or detrimental environmental condition.
"AKART" is an acronym for "all known, available, and reasonable methods of prevention, control, and treatment." AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution. The term "best management practices," typically applied to nonpoint source pollution controls is considered a subset of the AKART requirement.
"Ambient water quality" refers to the conditions and properties of a surface water of the state as determined by the results of water samples, measurements, or observations.
"Background" means the biological, chemical, and physical conditions of a water body, outside the area of influence of the discharge under consideration. Background sampling locations in an enforcement action would be up-gradient or outside the area of influence of the discharge. If several discharges to any water body exist, and enforcement action is being taken for possible violations to the standards, background sampling would be undertaken immediately up-gradient from each discharge.
"Best management practices (BMP)" means physical, structural, and/or managerial practices approved by the department that, when used singularly or in combination, prevent or reduce pollutant discharges.
"Biological assessment" is an evaluation of the biological condition of a water body using surveys of aquatic community structure and function and other direct measurements of resident biota in surface waters.
"Bog" means those wetlands that are acidic, peat forming, and whose primary water source is precipitation, with little, if any, outflow.
"Carcinogen" means any substance or agent that produces or tends to produce cancer in humans. For implementation of this chapter, the term carcinogen will apply to substances on the United States Environmental Protection Agency lists of A (known human) and B (probable human) carcinogens, and any substance which causes a significant increased incidence of benign or malignant tumors in a single, well conducted animal bioassay, consistent with the weight of evidence approach specified in the United States Environmental Protection Agency's Guidelines for Carcinogenic Risk Assessment as set forth in 51 FR 33992 et seq. as presently published or as subsequently amended or republished.
"Chronic conditions" are changes in the physical, chemical, or biologic environment which are expected or demonstrated to result in injury or death to an organism as a result of repeated or constant exposure over an extended period of time to a substance or detrimental environmental condition.
"Combined sewer overflow (CSO) treatment plant" is a facility that provides at-site treatment as provided for in chapter 173-245 WAC. A CSO treatment plant is a specific facility identified in a department-approved CSO reduction plan (long-term control plan) that is designed, operated and controlled by a municipal utility to capture and treat excess combined sanitary sewage and stormwater from a combined sewer system.
"Compliance schedule" or "schedule of compliance" is a schedule of remedial measures included in a permit or an order, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with an effluent limit, other prohibition, or standard.
"Created wetlands" means those wetlands intentionally created from nonwetland sites to produce or replace natural wetland habitat.
"Critical condition" is when the physical, chemical, and biological characteristics of the receiving water environment interact with the effluent to produce the greatest potential adverse impact on aquatic biota and existing or designated water uses. For steady-state discharges to riverine systems the critical condition may be assumed to be equal to the 7Q10 flow event unless determined otherwise by the department.
"Damage to the ecosystem" means any demonstrated or predicted stress to aquatic or terrestrial organisms or communities of organisms which the department reasonably concludes may interfere in the health or survival success or natural structure of such populations. This stress may be due to, but is not limited to, alteration in habitat or changes in water temperature, chemistry, or turbidity, and shall consider the potential build up of discharge constituents or temporal increases in habitat alteration which may create such stress in the long term.
"Department" means the state of Washington department of ecology.
"Designated uses" are those uses specified in this chapter for each water body or segment, regardless of whether or not the uses are currently attained.
"Director" means the director of the state of Washington department of ecology.
"Drainage ditch" means that portion of a designed and constructed conveyance system that serves the purpose of transporting surplus water; this may include natural water courses or channels incorporated in the system design, but does not include the area adjacent to the water course or channel.
"Ecoregions" are defined using EPAs Ecoregions of the Pacific Northwest Document No. 600/3-86/033 July 1986 by Omernik and Gallant.
"Enterococci" refers to a subgroup of fecal streptococci that includes S. faecalis, S. faecium, S. gallinarum, and S. avium. The enterococci are differentiated from other streptococci by their ability to grow in 6.5% sodium chloride, at pH 9.6, and at 10°C and 45°C.
"E. coli" is a bacterium in the family Enterobacteriaceae named Escherichia coli and is a common inhabitant of the intestinal tract of warm-blooded animals, and its presence in water samples is an indication of fecal pollution and the possible presence of enteric pathogens.
"Existing uses" means those uses actually attained in fresh or marine waters on or after November 28, 1975, whether or not they are designated uses. Introduced species that are not native to Washington, and put-and-take fisheries comprised of nonself-replicating introduced native species, do not need to receive full support as an existing use.
"Fecal coliform" means that portion of the coliform group which is present in the intestinal tracts and feces of warm-blooded animals as detected by the product of acid or gas from lactose in a suitable culture medium within 24 hours at 44.5 plus or minus 0.2 degrees Celsius.
"Geometric mean" means either the nth root of a product of n factors, or the antilogarithm of the arithmetic mean of the logarithms of the individual sample values.
"Ground water exchange" means the discharge and recharge of ground water to a surface water. Discharge is inflow from an aquifer, seeps or springs that increases the available supply of surface water. Recharge is outflow downgradient to an aquifer or downstream to surface water for base flow maintenance. Exchange may include ground water discharge in one season followed by recharge later in the year.
"Hardness" means a measure of the calcium and magnesium salts present in water. For purposes of this chapter, hardness is measured in milligrams per liter and expressed as calcium carbonate (CaCO3).
"Intake credit" is a procedure for establishing effluent limits that takes into account the amount of a pollutant that is present in waters of the state, at the time water is removed from the same body of water by the discharger or other facility supplying the discharger with intake water.
"Intragravel dissolved oxygen" means the concentration of dissolved oxygen in the spaces between sediment particles in a streambed.
"Irrigation ditch" means that portion of a designed and constructed conveyance system that serves the purpose of transporting irrigation water from its supply source to its place of use; this may include natural water courses or channels incorporated in the system design, but does not include the area adjacent to the water course or channel.
"Lakes" shall be distinguished from riverine systems as being water bodies, including reservoirs, with a mean detention time of greater than 15 days.
"Lake-specific study" means a study intended to quantify existing nutrient concentrations, determine existing characteristic uses for lake class waters, and potential lake uses. The study determines how to protect these uses and if any uses are lost or impaired because of nutrients, algae, or aquatic plants. An appropriate study must recommend a criterion for total phosphorus (TP), total nitrogen (TN) in µg/l, or other nutrient that impairs characteristic uses by causing excessive algae blooms or aquatic plant growth.
"Mean detention time" means the time obtained by dividing a reservoir's mean annual minimum total storage by the 30-day 10-year low-flow from the reservoir.
"Migration" or "translocation" means any natural movement of an organism or community of organisms from one locality to another locality.
"Migration for naturally limited waters" is a subcategory of the aquatic life use of salmonid rearing and migration that is limited by the natural physical, chemical, or biological characteristics of the water body.
"Mixing zone" means that portion of a water body adjacent to an effluent outfall where mixing results in the dilution of the effluent with the receiving water. Water quality criteria may be exceeded in a mixing zone as conditioned and provided for in WAC 173-201A-400.
"Natural conditions" or "natural background levels" means surface water quality that was present before any human-caused pollution. When estimating natural conditions in the headwaters of a disturbed watershed it may be necessary to use the less disturbed conditions of a neighboring or similar watershed as a reference condition. (See also WAC 173-201A-260(1).)
"New or expanded actions" mean human actions that occur or are regulated for the first time, or human actions expanded such that they result in an increase in pollution, after July 1, 2003, for the purpose of applying this chapter only.
"Nonpoint source" means pollution that enters any waters of the state from any dispersed land-based or water-based activities including, but not limited to, atmospheric deposition; surface water runoff from agricultural lands, urban areas, or forest lands; subsurface or underground sources; or discharges from boats or marine vessels not otherwise regulated under the National Pollutant Discharge Elimination System program.
"Outstanding resource waters" are high quality waters designated by the state due to their exceptional water quality, ecological or recreational significance, unique habitat, or cold water refuge. Outstanding resource waters are given the highest level of protection under the state antidegradation policy.
"Permit" means a document issued pursuant to chapter 90.48 RCW specifying the waste treatment and control requirements and waste discharge conditions.
"pH" means the negative logarithm of the hydrogen ion concentration.
"Pollution" means such contamination, or other alteration of the physical, chemical, or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.
"Primary contact recreation" means activities where a person would have direct contact with water to the point of complete submergence including, but not limited to, skin diving, swimming, and water skiing.
"Salmonid spawning, rearing, and migration for naturally limited waters" is a subcategory of the aquatic life use of salmonid spawning, rearing, and migration that is limited by the natural physical, chemical, or biological characteristics of the water body.
"Shoreline stabilization" means the anchoring of soil at the water's edge, or in shallow water, by fibrous plant root complexes; this may include long-term accretion of sediment or peat, along with shoreline progradation in such areas.
"Spatial median" is the middle value of multiple ranked measurements taken within the sampling area.
"Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a stormwater drainage system into a defined surface water body, or a constructed infiltration facility.
"Stormwater attenuation" means the process by which peak flows from precipitation are reduced and runoff velocities are slowed as a result of passing through a surface water body.
"Surface waters of the state" includes lakes, rivers, ponds, streams, inland waters, saltwaters, wetlands and all other surface waters and water courses within the jurisdiction of the state of Washington.
"Temperature" means water temperature expressed in degrees Celsius (°C).
"Treatment wetlands" means those wetlands intentionally constructed on nonwetland sites and managed for the primary purpose of wastewater or stormwater treatment. Treatment wetlands are considered part of a collection and treatment system, and generally are not subject to the criteria of this chapter.
"Trophic state" means a classification of the productivity of a lake ecosystem. Lake productivity depends on the amount of biologically available nutrients in water and sediments and may be based on total phosphorus (TP). Secchi depth and chlorophyll-a measurements may be used to improve the trophic state classification of a lake. Trophic states used in this rule include, from least to most nutrient rich, ultra-oligotrophic, oligotrophic, lower mesotrophic, upper mesotrophic, and eutrophic.
"Turbidity" means the clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter.
"Upwelling" means the natural process along Washington's Pacific Coast where the summer prevailing northerly winds produce a seaward transport of surface water. Cold, deeper more saline waters rich in nutrients and low in dissolved oxygen, rise to replace the surface water. The cold oxygen deficient water enters Puget Sound and other coastal estuaries at depth where it displaces the existing deep water and eventually rises to replace the surface water. Such surface water replacement results in an overall increase in salinity and nutrients accompanied by a depression in dissolved oxygen. Localized upwelling of the deeper water of Puget Sound can occur year-round under influence of tidal currents, winds, and geomorphic features.
"USEPA" means the United States Environmental Protection Agency.
"Variance" is a time-limited designated use and criterion as defined in 40 C.F.R. 131.3, and must be adopted by rule.
"Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (Water bodies not included in the definition of wetlands as well as those mentioned in the definition are still waters of the state.)
"Wildlife habitat" means waters of the state used by, or that directly or indirectly provide food support to, fish, other aquatic life, and wildlife for any life history stage or activity.
[Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131.12. WSR 24-01-088 (Order 22-06), § 173-201A-020, filed 12/18/23, effective 1/18/24; WSR 22-07-095 (Order 19-05), § 173-201A-020, filed 3/22/22, effective 4/22/22; WSR 21-19-097 (Order 20-01), § 173-201A-020, filed 9/17/21, effective 10/18/21; WSR 19-04-007 (Order 16-07), § 173-201A-020, filed 1/23/19, effective 2/23/19. Statutory Authority: RCW 90.48.035, 90.48.605 and section 303(c) of the Federal Water Pollution Control Act (Clean Water Act), C.F.R. 40, C.F.R. 131. WSR 16-16-095 (Order 12-03), § 173-201A-020, filed 8/1/16, effective 9/1/16. Statutory Authority: RCW 90.48.035. WSR 11-09-090 (Order 10-10), § 173-201A-020, filed 4/20/11, effective 5/21/11. Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), § 173-201A-020, filed 7/1/03, effective 8/1/03. Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-020, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-020, filed 11/25/92, effective 12/26/92.]
PART II - DESIGNATED USES AND CRITERIA
PDF173-201A-200
Fresh water designated uses and criteria.
The following uses are designated for protection in fresh surface waters of the state. Use designations for water bodies are listed in WAC 173-201A-600 and 173-201A-602.
(1) Aquatic life uses. Aquatic life uses are designated based on the presence of, or the intent to provide protection for, the key uses identified in (a) of this subsection. It is required that all indigenous fish and nonfish aquatic species be protected in waters of the state in addition to the key species described below.
(a) The categories for aquatic life uses are:
(i) Char spawning and rearing. The key identifying characteristics of this use are spawning or early juvenile rearing by native char (bull trout and Dolly Varden), or use by other aquatic species similarly dependent on such cold water. Other common characteristic aquatic life uses for waters in this category include summer foraging and migration of native char; and spawning, rearing, and migration by other salmonid species.
(ii) Core summer salmonid habitat. The key identifying characteristics of this use are summer (June 15 - September 15) salmonid spawning or emergence, or adult holding; use as important summer rearing habitat by one or more salmonids; or foraging by adult and subadult native char. Other common characteristic aquatic life uses for waters in this category include spawning outside of the summer season, rearing, and migration by salmonids.
(iii) Salmonid spawning, rearing, and migration. The key identifying characteristic of this use is salmon or trout spawning and emergence that only occurs outside of the summer season (September 16 - June 14). Other common characteristic aquatic life uses for waters in this category include rearing and migration by salmonids.
(iv) Salmonid rearing and migration only. The key identifying characteristic of this use is use only for rearing or migration by salmonids (not used for spawning).
(v) Nonanadromous interior redband trout. For the protection of waters where the only trout species is a nonanadromous form of self-reproducing interior redband trout (O. mykiss), and other associated aquatic life.
(vi) Indigenous warm water species. For the protection of waters where the dominant species under natural conditions would be temperature tolerant indigenous nonsalmonid species. Examples include dace, redside shiner, chiselmouth, sucker, and northern pikeminnow.
(b) General criteria. General criteria that apply to all aquatic life fresh water uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(i) Toxic, radioactive, and deleterious materials; and
(ii) Aesthetic values.
(c) Aquatic life temperature criteria. Except where noted, water temperature is measured by the 7-day average of the daily maximum temperatures (7-DADMax). Table 200 (1)(c) lists the temperature criteria for each of the aquatic life use categories.
Table 200 (1)(c)
Aquatic Life Temperature Criteria in Fresh Water
Category | Highest 7-DADMax |
Char Spawning and Rearing* | 12°C (53.6°F) |
Core Summer Salmonid Habitat* | 16°C (60.8°F) |
Salmonid Spawning, Rearing, and Migration* | 17.5°C (63.5°F) |
Salmonid Rearing and Migration Only | 17.5°C (63.5°F) |
Nonanadromous Interior Redband Trout | 18°C (64.4°F) |
Indigenous Warm Water Species | 20°C (68°F) |
*Note: | Some streams have a more stringent temperature criterion that is applied seasonally to further protect salmonid spawning and egg incubation. See (c)(iv) of this subsection. |
(i) When a water body's temperature is warmer than the criteria in Table 200 (1)(c) (or within 0.3°C (0.54°F) of the criteria) and that condition is due to natural conditions, then human actions considered cumulatively may not cause the 7-DADMax temperature of that water body to increase more than 0.3°C (0.54°F).
(ii) When the background condition of the water is cooler than the criteria in Table 200 (1)(c), incremental temperature increases resulting from individual point source activities must not exceed the numeric criteria and must not, at any time, exceed 28/(T+7) as measured at the edge of a mixing zone boundary (where "T" represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge).
(iii) Temperatures are not to exceed the criteria at a probability frequency of more than once every 10 years on average.
(iv) Spawning and incubation protection. The department has identified waterbodies, or portions thereof, which require special protection for spawning and incubation in ecology publication 06-10-038 (also available on ecology's website at www.ecology.wa.gov). This publication indicates where and when the following criteria are to be applied to protect the reproduction of native char, salmon, and trout:
• Maximum 7-DADMax temperatures of 9°C (48.2°F) at the initiation of spawning and at fry emergence for char; and
• Maximum 7-DADMax temperatures of 13°C (55.4°F) at the initiation of spawning for salmon and at fry emergence for salmon and trout.
The two criteria above are protective of incubation as long as human actions do not significantly disrupt the normal patterns of fall cooling and spring warming that provide significantly colder temperatures over the majority of the incubation period.
(v) For lakes, human actions considered cumulatively may not increase the 7-DADMax temperature more than 0.3°C (0.54°F) above natural conditions.
(vi) Temperature measurements should be taken to represent the dominant aquatic habitat of the monitoring site. This typically means samples should:
(A) Be taken from well mixed portions of rivers and streams; and
(B) Not be taken from shallow stagnant backwater areas, within isolated thermal refuges, at the surface, or at the water's edge.
(vii) The department will incorporate the following guidelines on preventing acute lethality and barriers to migration of salmonids into determinations of compliance with the narrative requirements for use protection established in this chapter (e.g., WAC 173-201A-310(1), 173-201A-400(4), and 173-201A-410 (1)(c)). The following site-level considerations do not, however, override the temperature criteria established for waters in subsection (1)(c) of this section or WAC 173-201A-600 through 173-201A-602:
(A) Moderately acclimated (16-20°C, or 60.8-68°F) adult and juvenile salmonids will generally be protected from acute lethality by discrete human actions maintaining the 7-DADMax temperature at or below 22°C (71.6°F) and the 1-day maximum (1-DMax) temperature at or below 23°C (73.4°F).
(B) Lethality to developing fish embryos can be expected to occur at a 1-DMax temperature greater than 17.5°C (63.5°F).
(C) To protect aquatic organisms, discharge plume temperatures must be maintained such that fish could not be entrained (based on plume time of travel) for more than two seconds at temperatures above 33°C (91.4°F) to avoid creating areas that will cause near instantaneous lethality.
(D) Barriers to adult salmonid migration are assumed to exist any time the 1-DMax temperature is greater than 22°C (71.6°F) and the adjacent downstream water temperatures are 3°C (5.4°F) or more cooler.
(viii) Nothing in this chapter shall be interpreted to prohibit the establishment of effluent limitations for the control of the thermal component of any discharge in accordance with 33 U.S.C. 1326 (commonly known as section 316 of the Clean Water Act).
(d) Aquatic life dissolved oxygen (D.O.) criteria. The D.O. criteria are measured in milligrams per liter (mg/L) or percent oxygen saturation. Table 200 (1)(d) lists the D.O. criteria for each of the aquatic life use categories. Compliance may be demonstrated through either the water column or intragravel criteria in Table 200 (1)(d).
Table 200 (1)(d)
Aquatic Life Dissolved Oxygen Criteria in Fresh Water
Category | Water Column (1-Day Minimum) |
Char Spawning and Rearing* | 10 mg/L or 90% saturation |
Core Summer Salmonid Habitat* | 10 mg/L or 95% saturation |
Salmonid Spawning, Rearing, and Migration* | 10 mg/L or 90% saturation |
Salmonid Rearing and Migration Only | 6.5 mg/L |
Nonanadromous Interior Redband Trout* | 10 mg/L or 90% saturation |
Indigenous Warm Water Species | 6.5 mg/L |
* | Intragravel D.O. criteria for these aquatic life use categories may be used for compliance purposes. When intragravel D.O. is used for compliance, the intragravel D.O. (1-day minimum) concentration must be 8.0 mg/L or greater, and the D.O. water column (1-day minimum) concentration must be 9.0 mg/L or greater. Intragravel D.O. must be measured as a spatial median within the same habitat area. |
(i) When a water body's D.O. is lower than the criteria in Table 200 (1)(d) (or within 0.2 mg/L of the criteria) and that condition is due to natural conditions, then human actions considered cumulatively may not cause the D.O. of that water body to decrease more than 0.2 mg/L.
(ii) For lakes, human actions considered cumulatively may not decrease the dissolved oxygen concentration more than 0.2 mg/L below natural conditions.
(iii) Concentrations of D.O. are not to fall below the criteria in the table at a probability frequency of more than once every 10 years on average.
(iv) D.O. measurements should be taken to represent the dominant aquatic habitat of the monitoring site. This typically means samples should:
(A) Be taken from well mixed portions of rivers and streams; and
(B) Not be taken from shallow stagnant backwater areas, within isolated thermal refuges, at the surface, or at the water's edge.
(e) Aquatic life turbidity criteria. Turbidity is measured in "nephelometric turbidity units" or "NTUs." Table 200 (1)(e) lists the maximum turbidity criteria for each of the aquatic life use categories.
Table 200 (1)(e)
Aquatic Life Turbidity Criteria in Fresh Water
Category | NTUs |
Char Spawning and Rearing | Turbidity shall not exceed: |
• 5 NTU over background when the background is 50 NTU or less; or | |
• A 10 percent increase in turbidity when the background turbidity is more than 50 NTU. | |
Core Summer Salmonid Habitat | Same as above. |
Salmonid Spawning, Rearing, and Migration | Same as above. |
Salmonid Rearing and Migration Only | Turbidity shall not exceed: • 10 NTU over background when the background is 50 NTU or less; or |
• A 20 percent increase in turbidity when the background turbidity is more than 50 NTU. | |
Nonanadromous Interior Redband Trout | Turbidity shall not exceed: • 5 NTU over background when the background is 50 NTU or less; or |
• A 10 percent increase in turbidity when the background turbidity is more than 50 NTU. | |
Indigenous Warm Water Species | Turbidity shall not exceed: • 10 NTU over background when the background is 50 NTU or less; or |
• A 20 percent increase in turbidity when the background turbidity is more than 50 NTU. |
The turbidity criteria established under WAC 173-201A-200 (1)(e) shall be modified, without specific written authorization from the department, to allow a temporary area of mixing during and immediately after necessary in-water construction activities that result in the disturbance of in-place sediments. This temporary area of mixing is subject to the constraints of WAC 173-201A-400 (4) and (6) and can occur only after the activity has received all other necessary local and state permits and approvals, and after the implementation of appropriate best management practices to avoid or minimize disturbance of in-place sediments and exceedances of the turbidity criteria. A temporary area of mixing shall be as follows:
(i) For waters up to 10 cfs flow at the time of construction, the point of compliance shall be 100 feet downstream from the activity causing the turbidity exceedance.
(ii) For waters above 10 cfs up to 100 cfs flow at the time of construction, the point of compliance shall be 200 feet downstream of the activity causing the turbidity exceedance.
(iii) For waters above 100 cfs flow at the time of construction, the point of compliance shall be 300 feet downstream of the activity causing the turbidity exceedance.
(iv) For projects working within or along lakes, ponds, wetlands, or other nonflowing waters, the point of compliance shall be at a radius of 150 feet from the activity causing the turbidity exceedance.
(f) Aquatic life total dissolved gas (TDG) criteria. TDG is measured in percent saturation. Table 200 (1)(f) lists the maximum TDG criteria for each of the aquatic life use categories.
Table 200 (1)(f)
Aquatic Life Total Dissolved Gas Criteria in Fresh Water
Category | Percent Saturation |
Char Spawning and Rearing | Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection. |
Core Summer Salmonid Habitat | Same as above. |
Salmonid Spawning, Rearing, and Migration | Same as above. |
Salmonid Rearing and Migration Only | Same as above. |
Nonanadromous Interior Redband Trout | Same as above. |
Indigenous Warm Water Species | Same as above. |
(i) The water quality criteria established in this chapter for TDG shall not apply when the stream flow exceeds the seven-day, 10-year frequency flood.
(ii) The TDG criteria may be adjusted to aid fish passage over hydroelectric dams that spill for anadromous juvenile fish as of the 2020 spill season. The elevated TDG levels are intended to allow increased fish passage without causing more harm to fish populations than caused by turbine fish passage. The following special fish passage exemptions for the Snake and Columbia rivers apply when spilling water at dams is necessary to aid fish passage:
(A) TDG must not exceed:
• An average of 115 percent as measured in the forebays of the next downstream dams and must not exceed an average of 120 percent as measured in the tailraces of each dam (these averages are calculated as an average of the 12 highest hourly readings in a calendar day, relative to atmospheric pressure); and
• A maximum TDG saturation level of 125 percent calculated as an average of the two highest hourly TDG measures in a calendar day during spillage for fish passage.
(B) To further aid fish passage during the spring spill season (generally from April through June), spill may be increased up to the following levels as measured at the tailrace fixed site monitoring location:
• A maximum TDG saturation level of 125 percent calculated as an average of the 12 highest hourly TDG measures in a calendar day; and
• A maximum TDG saturation level of 126 percent calculated as an average of any two consecutive hourly TDG measures.
These TDG criteria may be applied in place of (f)(ii)(A) of this subsection during spring spill operations when applied in accordance with the following conditions:
(I) In addition to complying with the requirements of this chapter, the tailrace maximum TDG criteria at hydropower dams shall be applied in accordance with Endangered Species Act consultation documents associated with spill operations on the Snake and Columbia rivers, including operations for fish passage. The Endangered Species Act consultation documents are those by which dams may legally operate during the time that the adjusted criteria in (f)(ii)(B) of this subsection are in use.
(II) Application of the tailrace maximum TDG criteria must be accompanied by a department approved biological monitoring plan designed to measure impacts of fish exposed to increased TDG conditions throughout the spring spill season. Beginning in the year 2021, plans must include monitoring for nonsalmonid fish species and must continue for a minimum of five years, and thereafter as determined by the department.
(III) TDG must be reduced to allowances specified in (f)(ii)(A) of this subsection if the calculated incidence of gas bubble trauma in salmonids (with a minimum sample size of 50 fish required weekly) or nonsalmonids (with a minimum sample size of 50 fish required weekly) exceeds:
• Gas bubble trauma in nonpaired fins of 15 percent; or
• Gas bubble trauma in nonpaired fins of five percent and gas bubbles occlude more than 25 percent of the surface area of the fin.
If gas bubble trauma exceeds these biological thresholds, additional monitoring must demonstrate the incidence of gas bubble trauma below biological thresholds before TDG can be adjusted to allowances specified in this subsection. Gas bubble trauma monitoring data shall be excluded from comparison to biological thresholds when higher than normal river flow contributes to excess spill above the ability to meet (f)(ii)(B) of this subsection. This monitoring data exclusion shall apply for one full calendar day after reduced river flow allows attainment of (f)(ii)(B) of this subsection.
(g) Aquatic life pH criteria. Measurement of pH is expressed as the negative logarithm of the hydrogen ion concentration. Table 200 (1)(g) lists the pH levels for each of the aquatic life use categories.
Table 200 (1)(g)
Aquatic Life pH Criteria in Fresh Water
Use Category | pH Units |
Char Spawning and Rearing | pH shall be within the range of 6.5 to 8.5, with a human-caused variation within the above range of less than 0.2 units. |
Core Summer Salmonid Habitat | Same as above. |
Salmonid Spawning, Rearing, and Migration | pH shall be within the range of 6.5 to 8.5 with a human-caused variation within the above range of less than 0.5 units. |
Salmonid Rearing and Migration Only | Same as above. |
Nonanadromous Interior Redband Trout | Same as above. |
Indigenous Warm Water Species | Same as above. |
(h) Aquatic life fine sediment criteria. The following narrative criteria apply to all existing and designated uses for fresh water:
(i) Water bodies shall not contain excess fine sediment (<2 mm) from human-caused sources that impair designated uses.
(ii) When reference values are used to demonstrate compliance with the fine sediment criteria, measured conditions shall be compared to those from reference sites or regional data that represent least disturbed site conditions of a comparable water body or ecoregion. Reference locations should be comparable in hydrography, geology, ecology, and habitat to that of the water body evaluated.
(2) Recreational uses. The recreational use is primary contact recreation.
(a) General criteria. General criteria that apply to fresh water recreational uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(i) Toxic, radioactive, and deleterious materials; and
(ii) Aesthetic values.
(b) Water contact recreation bacteria criteria. Table 200 (2)(b) lists the bacteria criteria to protect water contact recreation in fresh waters. These criteria are based on Escherichia coli (E. coli) and fecal coliform organism levels, and expressed as colony forming units (CFU) or most probable number (MPN). The use of fecal coliform organism levels to determine compliance will expire December 31, 2020.
Table 200 (2)(b)
Primary Contact Recreation Bacteria Criteria in Fresh Water
Bacterial Indicator | Criteria |
E. coli | E. coli organism levels within an averaging period must not exceed a geometric mean value of 100 CFU or MPN per 100 mL, with not more than 10 percent of all samples (or any single sample when less than 10 sample points exist) obtained within the averaging period exceeding 320 CFU or MPN per 100 mL. |
Fecal coliform (expires 12/31/2020) | Fecal coliform organism levels within an averaging period must not exceed a geometric mean value of 100 CFU or MPN per 100 mL, with not more than 10 percent of all samples (or any single sample when less than 10 sample points exist) obtained within an averaging period exceeding 200 CFU or MPN per 100 mL. |
(i) A minimum of three samples is required to calculate a geometric mean for comparison to the geometric mean criteria. Sample collection dates shall be well distributed throughout the averaging period so as not to mask noncompliance periods.
(A) Effluent bacteria samples: When averaging effluent bacteria sample values for comparison to the geometric mean criteria, or for determining permit compliance, the averaging period shall be 30 days or less.
(B) Ambient water quality samples: When averaging bacteria sample values for comparison to the geometric mean criteria, it is preferable to average by season. The averaging period of bacteria sample data shall be 90 days or less.
(ii) When determining compliance with the bacteria criteria in or around small sensitive areas, such as swimming beaches, it is recommended that multiple samples are taken throughout the area during each visit. Such multiple samples should be arithmetically averaged together (to reduce concerns with low bias when the data is later used in calculating a geometric mean) to reduce sample variability and to create a single representative data point.
(iii) As determined necessary by the department, more stringent bacteria criteria may be established for rivers and streams that cause, or significantly contribute to, the decertification or conditional certification of commercial or recreational shellfish harvest areas, even when the preassigned bacteria criteria for the river or stream are being met.
(iv) Where information suggests that sample results are due primarily to sources other than warm-blooded animals (e.g., wood waste), alternative indicator criteria may be established on a site-specific basis as described in WAC 173-201A-430.
(3) Water supply uses. The water supply uses are domestic, agricultural, industrial, and stock watering.
General criteria. General criteria that apply to the water supply uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(a) Toxic, radioactive, and deleterious materials; and
(b) Aesthetic values.
(4) Miscellaneous uses. The miscellaneous fresh water uses are wildlife habitat, harvesting, commerce and navigation, boating, and aesthetics.
General criteria. General criteria that apply to miscellaneous fresh water uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(a) Toxic, radioactive, and deleterious materials; and
(b) Aesthetic values.
[Statutory Authority: RCW 90.48.035 and 40 C.F.R. 131.20. WSR 22-07-095 (Order 19-05), § 173-201A-200, filed 3/22/22, effective 4/22/22; WSR 20-02-091 (Order 19-02), § 173-201A-200, filed 12/30/19, effective 1/30/20; WSR 19-04-007 (Order 16-07), § 173-201A-200, filed 1/23/19, effective 2/23/19. Statutory Authority: RCW 90.48.035. WSR 11-09-090 (Order 10-10), § 173-201A-200, filed 4/20/11, effective 5/21/11; WSR 06-23-117 (Order 06-04), § 173-201A-200, filed 11/20/06, effective 12/21/06. Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), § 173-201A-200, filed 7/1/03, effective 8/1/03.]
PDF173-201A-210
Marine water designated uses and criteria.
The following uses are designated for protection in marine surface waters of the state of Washington. Use designations for specific water bodies are listed in WAC 173-201A-612.
(1) Aquatic life uses. Aquatic life uses are designated using the following general categories. It is required that all indigenous fish and nonfish aquatic species be protected in waters of the state.
(a) The categories for aquatic life uses are:
(i) Extraordinary quality. Water quality of this use class shall markedly and uniformly exceed the requirements for all uses including, but not limited to, salmonid migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
(ii) Excellent quality. Water quality of this use class shall meet or exceed the requirements for all uses including, but not limited to, salmonid migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
(iii) Good quality. Water quality of this use class shall meet or exceed the requirements for most uses including, but not limited to, salmonid migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
(iv) Fair quality. Water quality of this use class shall meet or exceed the requirements for selected and essential uses including, but not limited to, salmonid and other fish migration.
(b) General criteria. General criteria that apply to aquatic life marine water uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(i) Toxic, radioactive, and deleterious materials; and
(ii) Aesthetic values.
(c) Aquatic life temperature criteria. Except where noted, temperature is measured as a 1-day maximum temperature (1-DMax). Table 210 (1)(c) lists the temperature criteria for each of the aquatic life use categories.
Table 210 (1)(c)
Aquatic Life Temperature Criteria in Marine Water
Category | Highest 1-DMax |
Extraordinary quality | 13°C (55.4°F) |
Excellent quality | 16°C (60.8°F) |
Good quality | 19°C (66.2°F) |
Fair quality | 22°C (71.6°F) |
(i) When a water body's temperature is warmer than the criteria in Table 210 (1)(c) (or within 0.3°C (0.54°F) of the criteria) and that condition is due to natural conditions, then human actions considered cumulatively may not cause the 7-DADMax temperature of that water body to increase more than 0.3°C (0.54°F).
(ii) When the natural condition of the water is cooler than the criteria in Table 210 (1)(c), incremental temperature increases resulting from individual point source activities must not exceed the numeric criteria and must not, at any time, exceed 12/(T-2) as measured at the edge of a mixing zone boundary (where "T" represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge).
(iii) Temperatures are not to exceed the criteria at a probability frequency of more than once every ten years on average.
(iv) Temperature measurements should be taken to represent the dominant aquatic habitat of the monitoring site. This typically means samples should not be taken from shallow stagnant backwater areas, within isolated thermal refuges, at the surface, or at the water's edge.
(v) The department will incorporate the following guidelines on preventing acute lethality and barriers to migration of salmonids into determinations of compliance with the narrative requirements for use protection established in this chapter (e.g., WAC 173-201A-310(1), 173-201A-400(4), and 173-201A-410 (1)(c)). The following site-level considerations do not, however, override the temperature criteria established for waters in subsection (1)(c) of this subsection or WAC 173-201A-612:
(A) Moderately acclimated (16-20°C, or 60.8-68°F) adult and juvenile salmonids will generally be protected from acute lethality by discrete human actions maintaining the 7-DADMax temperature at or below 22°C (71.6°F) and the 1-DMax temperature at or below 23°C (73.4°F).
(B) Lethality to developing fish embryos can be expected to occur at a 1-DMax temperature greater than 17.5°C (63.5°F).
(C) To protect aquatic organisms, discharge plume temperatures must be maintained such that fish could not be entrained (based on plume time of travel) for more than two seconds at temperatures above 33°C (91.4°F) to avoid creating areas that will cause near instantaneous lethality.
(D) Barriers to adult salmonid migration are assumed to exist any time the 1-DMax temperature is greater than 22°C (71.6°F) and the adjacent downstream water temperatures are 3°C (5.4°F) or more cooler.
(vi) Nothing in this chapter shall be interpreted to prohibit the establishment of effluent limitations for the control of the thermal component of any discharge in accordance with 33 U.S.C. 1326 (commonly known as section 316 of the Clean Water Act).
(d) Aquatic life dissolved oxygen (D.O.) criteria. Except where noted, D.O. concentrations are measured as a 1-day minimum in milligrams per liter. Table 210 (1)(d) lists the D.O. criteria for each of the aquatic life use categories.
Table 210 (1)(d)
Aquatic Life Dissolved Oxygen Criteria in Marine Water
Category | Lowest 1-Day Minimum |
Extraordinary quality | 7.0 mg/L |
Excellent quality | 6.0 mg/L |
Good quality | 5.0 mg/L |
Fair quality | 4.0 mg/L |
(i) When a water body's D.O. is lower than the criteria in Table 210 (1)(d) (or within 0.2 mg/L of the criteria) and that condition is due to natural conditions, then human actions considered cumulatively may not cause the D.O. of that water body to decrease more than 0.2 mg/L.
(ii) Concentrations of D.O. are not to fall below the criteria in the table at a probability frequency of more than once every ten years on average.
(iii) D.O. measurements should be taken to represent the dominant aquatic habitat of the monitoring site. This typically means samples should not be taken from shallow stagnant backwater areas, within isolated thermal refuges, at the surface, or at the water's edge.
(e) Aquatic life turbidity criteria. Turbidity is measured in "nephelometric turbidity units" or "NTUs." Table 210 (1)(e) lists the one-day maximum turbidity allowed as a result of human actions for each of the aquatic life use categories.
Table 210 (1)(e)
Aquatic Life Turbidity Criteria in Marine Water
Category | NTUs |
Extraordinary quality | Turbidity must not exceed: • 5 NTU over background when the background is 50 NTU or less; or • A 10 percent increase in turbidity when the background turbidity is more than 50 NTU. |
Excellent quality | Same as above. |
Good quality | Turbidity must not exceed: • 10 NTU over background when the background is 50 NTU or less; or • A 20 percent increase in turbidity when the background turbidity is more than 50 NTU. |
Fair quality | Same as above. |
(i) The turbidity criteria established under WAC 173-201A-210 (1)(e) shall be modified, without specific written authorization from the department, to allow a temporary area of mixing during and immediately after necessary in-water construction activities that result in the disturbance of in-place sediments. This temporary area of mixing is subject to the constraints of WAC 173-201A-400 (4) and (6) and can occur only after the activity has received all other necessary local and state permits and approvals, and after the implementation of appropriate best management practices to avoid or minimize disturbance of in-place sediments and exceedances of the turbidity criteria. For estuaries or marine waters, the point of compliance for a temporary area of mixing shall be at a radius of one hundred fifty feet from the activity causing the turbidity exceedance.
(f) Aquatic life pH criteria. Measurement of pH is expressed as the negative logarithm of the hydrogen ion concentration. Table 210 (1)(f) lists the pH levels allowed as a result of human actions for each of the aquatic life use categories.
Table 210 (1)(f)
Aquatic Life pH Criteria in Marine Water
Use Category | pH Units |
Extraordinary quality | pH must be within the range of 7.0 to 8.5 with a human-caused variation within the above range of less than 0.2 units. |
Excellent quality | pH must be within the range of 7.0 to 8.5 with a human-caused variation within the above range of less than 0.5 units. |
Good quality | Same as above. |
Fair quality | pH must be within the range of 6.5 to 9.0 with a human-caused variation within the above range of less than 0.5 units. |
(2) Shellfish harvesting.
(a) General criteria. General criteria that apply to shellfish harvesting uses for marine water are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(i) Toxic, radioactive, and deleterious materials; and
(ii) Aesthetic values.
(b) Shellfish harvesting bacteria criteria. Fecal coliform organism levels are used to protect shellfish harvesting. Criteria are expressed as colony forming units (CFU) or most probable number (MPN). Fecal coliform must not exceed a geometric mean value of 14 CFU or MPN per 100 mL, and not have more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained for calculating the geometric mean value exceeding 43 CFU or MPN per 100 mL.
(i) Shellfish growing areas approved for unconditional harvest by the state department of health are fully supporting the shellfish harvest goals of this chapter, even when comparison with the criteria contained in this chapter suggest otherwise.
(ii) When averaging bacteria sample data for comparison to the geometric mean criteria, it is preferable to average by season and include five or more data collection events within each period. Averaging of data collected beyond a thirty-day period, or beyond a specific discharge event under investigation, is not permitted when such averaging would skew the data set so as to mask noncompliance periods. The period of averaging should not exceed twelve months, and should have sample collection dates well distributed throughout the reporting period.
(iii) When determining compliance with the bacteria criteria in or around small sensitive areas, it is recommended that multiple samples are taken throughout the area during each visit. Such multiple samples should be arithmetically averaged together (to reduce concerns with low bias when the data is later used in calculating a geometric mean) to reduce sample variability and to create a single representative data point.
(iv) As determined necessary by the department, more stringent bacteria criteria may be established for waters that cause, or significantly contribute to, the decertification or conditional certification of commercial or recreational shellfish harvest areas, even when the preassigned bacteria criteria for the water are being met.
(v) Where information suggests that sample results are due primarily to sources other than warm-blooded animals (e.g., wood waste), alternative indicator criteria may be established on a site-specific basis by the department.
(3) Recreational uses. The recreational use is primary contact recreation.
(a) General criteria. General criteria that apply to water contact uses for marine water are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(i) Toxic, radioactive, and deleterious materials; and
(ii) Aesthetic values.
(b) Water contact recreation bacteria criteria. Table 210 (3)(b) lists the bacteria criteria to protect water contact recreation in marine waters. These criteria are based on enterococci and fecal coliform organism levels, and expressed as colony forming units (CFU) or most probable number (MPN). The use of fecal coliform levels to determine compliance will expire December 31, 2020.
Table 210 (3)(b)
Primary Contact Recreation Bacteria Criteria in Marine Water
Bacterial Indicator | Criteria |
Enterococci | Enterococci organism levels within an averaging period must not exceed a geometric mean value of 30 CFU or MPN per 100 mL, with not more than 10 percent of all samples (or any single sample when less than ten sample values exist) obtained within the averaging period exceeding 110 CFU or MPN per 100 mL. |
Fecal coliform (expires 12/31/2020) | Fecal coliform organism levels within an averaging period must not exceed a geometric mean value of 14 CFU or MPN per 100 mL, with not more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained within an averaging period exceeding 43 CFU or MPN per 100 mL. |
(i) A minimum of three samples is required to calculate a geometric mean for comparison to the geometric mean criterion. Sample collection dates shall be well distributed throughout the averaging period so as not to mask noncompliance periods.
(A) Effluent bacteria samples: When averaging effluent bacteria sample values for comparison to the geometric mean criteria, or for determining permit compliance, the averaging period shall be thirty days or less.
(B) Ambient water quality samples: When averaging ambient bacteria sample values for comparison to the geometric mean criteria, it is preferable to average by season. The averaging period of bacteria sample data shall be ninety days or less.
(ii) When determining compliance with the bacteria criteria in or around small sensitive areas, such as swimming beaches, it is recommended that multiple samples are taken throughout the area during each visit. Such multiple samples should be arithmetically averaged together (to reduce concerns with low bias when the data is later used in calculating a geometric mean) to reduce sample variability and to create a single representative data point.
(iii) As determined necessary by the department, more stringent bacteria criteria may be established for waters that cause, or significantly contribute to, the decertification or conditional certification of commercial or recreational shellfish harvest areas, even when the preassigned bacteria criteria for the water are being met.
(iv) Where information suggests that sample results are due primarily to sources other than warm-blooded animals (e.g., wood waste), alternative indicator criteria may be established on a site-specific basis as described in WAC 173-201A-430.
(4) Miscellaneous uses. The miscellaneous marine water uses are wildlife habitat, harvesting, commerce and navigation, boating, and aesthetics.
General criteria. General criteria that apply in miscellaneous marine water uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(a) Toxic, radioactive, and deleterious materials; and
(b) Aesthetic values.
[Statutory Authority: RCW 90.48.035 and 40 C.F.R. 131.20. WSR 20-02-091 (Order 19-02), § 173-201A-210, filed 12/30/19, effective 1/30/20; WSR 19-04-007 (Order 16-07), § 173-201A-210, filed 1/23/19, effective 2/23/19. Statutory Authority: RCW 90.48.035. WSR 11-09-090 (Order 10-10), § 173-201A-210, filed 4/20/11, effective 5/21/11; WSR 06-23-117 (Order 06-04), § 173-201A-210, filed 11/20/06, effective 12/21/06. Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), § 173-201A-210, filed 7/1/03, effective 8/1/03.]
PDF173-201A-230
Establishing lake nutrient criteria.
(1) The following table shall be used to aid in establishing nutrient criteria:
(Table 230(1)) The ecoregional and trophic-state action values for establishing nutrient criteria:
Coast Range, Puget Lowlands, and Northern Rockies Ecoregions: | |||||
Trophic State | If Ambient TP (µg/l) Range of Lake is: | Then criteria should be set at: | |||
Ultra-oligotrophic | 0-4 | 4 or less | |||
Oligotrophic | ˃4-10 | 10 or less | |||
Lower mesotrophic | ˃10-20 | 20 or less | |||
Action value | |||||
˃20 | . . . . | lake specific study may be initiated. | |||
Cascades Ecoregion: | |||||
Trophic State | If Ambient TP (µg/l) Range of Lake is: | Then criteria should be set at: | |||
Ultra-oligotrophic | 0-4 | 4 or less | |||
Oligotrophic | ˃4-10 | 10 or less | |||
Action value | |||||
˃10 | . . . . | lake specific study may be initiated. | |||
Columbia Basin Ecoregion: | |||||
Trophic State | If Ambient TP (µg/l) Range of Lake is: | Then criteria should be set at: | |||
Ultra-oligotrophic | 0-4 | 4 or less | |||
Oligotrophic | ˃4-10 | 10 or less | |||
Lower mesotrophic | ˃10-20 | 20 or less | |||
Upper mesotrophic | ˃20-35 | 35 or less | |||
Action value | |||||
˃35 | . . . . | lake specific study may be initiated. |
Lakes in the Willamette, East Cascade Foothills, or Blue Mountain ecoregions do not have recommended values and need to have lake-specific studies in order to receive criteria as described in subsection (3) of this section.
(2) The following actions are recommended if ambient monitoring of a lake shows the epilimnetic total phosphorus concentration, as shown in Table 1 of this section, is below the action value for an ecoregion:
(a) Determine trophic status from existing or newly gathered data. The recommended minimum sampling to determine trophic status is calculated as the mean of four or more samples collected from the epilimnion between June through September in one or more consecutive years. Sampling must be spread throughout the season.
(b) Propose criteria at or below the upper limit of the trophic state; or
(c) Conduct lake-specific study to determine and propose to adopt appropriate criteria as described in subsection (3) of this section.
(3) The following actions are recommended if ambient monitoring of a lake shows total phosphorus to exceed the action value for an ecoregion shown in Table 1 of this section or where recommended ecoregional action values do not exist:
(a) Conduct a lake-specific study to evaluate the characteristic uses of the lake. A lake-specific study may vary depending on the source or threat of impairment. Phytoplankton blooms, toxic phytoplankton, or excessive aquatic plants, are examples of various sources of impairment. The following are examples of quantitative measures that a study may describe: Total phosphorus, total nitrogen, chlorophyll-a, dissolved oxygen in the hypolimnion if thermally stratified, pH, hardness, or other measures of existing conditions and potential changes in any one of these parameters.
(b) Determine appropriate total phosphorus concentrations or other nutrient criteria to protect characteristic lake uses. If the existing total phosphorus concentration is protective of characteristic lake uses, then set criteria at existing total phosphorus concentration. If the existing total phosphorus concentration is not protective of the existing characteristic lake uses, then set criteria at a protective concentration. Proposals to adopt appropriate total phosphorus criteria to protect characteristic uses must be developed by considering technical information and stakeholder input as part of a public involvement process equivalent to the Administrative Procedure Act (chapter 34.05 RCW).
(c) Determine if the proposed total phosphorus criteria necessary to protect characteristic uses is achievable. If the recommended criterion is not achievable and if the characteristic use the criterion is intended to protect is not an existing use, then a higher criterion may be proposed in conformance with 40 C.F.R. part 131.10.
(4) The department will consider proposed lake-specific nutrient criteria during any water quality standards rule making that follows development of a proposal. Adoption by rule formally establishes the criteria for that lake.
(5) Prioritization and investigation of lakes by the department will be initiated by listing problem lakes in a watershed needs assessment, and scheduled as part of the water quality program's watershed approach to pollution control. This prioritization will apply to lakes identified as warranting a criteria based on the results of a lake-specific study, to lakes warranting a lake-specific study for establishing criteria, and to lakes requiring restoration and pollution control measures due to exceedance of an established criterion. The adoption of nutrient criteria are generally not intended to apply to lakes or ponds with a surface area smaller than five acres; or to ponds wholly contained on private property owned and surrounded by a single landowner; and nutrients do not drain or leach from these lakes or private ponds to the detriment of other property owners or other water bodies; and do not impact designated uses in the lake. However, if the landowner proposes criteria the department may consider adoption.
(6) The department may not need to set a lake-specific criteria or further investigate a lake if existing water quality conditions are naturally poorer (higher TP) than the action value and uses have not been lost or degraded, per WAC 173-201A-260(1).
PDF173-201A-240
Toxic substances.
(1) Toxic substances shall not be introduced above natural background levels in waters of the state which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic toxicity to the most sensitive biota dependent upon those waters, or adversely affect public health, as determined by the department.
(2) The department shall employ or require chemical testing, acute and chronic toxicity testing, and biological assessments, as appropriate, to evaluate compliance with subsection (1) of this section and to ensure that aquatic communities and the existing and designated uses of waters are being fully protected.
(3) USEPA Quality Criteria for Water, 1986, as revised, shall be used in the use and interpretation of the values listed in subsection (5) of this section.
(4) Concentrations of toxic, and other substances with toxic propensities not listed in Table 240 of this section shall be determined in consideration of USEPA Quality Criteria for Water, 1986, and as revised, and other relevant information as appropriate.
(5) The following criteria, found in Table 240, shall be applied to all surface waters of the state of Washington. Values are µg/L for all substances except ammonia and chloride which are mg/L, tissue-based aquatic life criteria for selenium, perfluorooctane sulfonic acid (PFOS), and perfluorooctanoic acid (PFOA) which are mg/kg, and asbestos which is million fibers/L. The department shall formally adopt any appropriate revised criteria as part of this chapter in accordance with the provisions established in chapter 34.05 RCW, the Administrative Procedure Act. The department shall ensure there are early opportunities for public review and comment on proposals to develop revised criteria.
(a) Aquatic life protection. The department may revise the criteria in Table 240 for aquatic life on a statewide or water body-specific basis as needed to protect aquatic life occurring in waters of the state and to increase the technical accuracy of the criteria being applied. The department shall formally adopt any appropriate revised criteria as part of this chapter in accordance with the provisions established in chapter 34.05 RCW, the Administrative Procedure Act.
(b) Human health protection. The following provisions apply to the human health criteria in Table 240. All waters shall maintain a level of water quality when entering downstream waters that provides for the attainment and maintenance of the water quality standards of those downstream waters, including the waters of another state. The human health criteria in the tables were calculated using a fish consumption rate of 175 g/day. Criteria for carcinogenic substances were calculated using a cancer risk level equal to one-in-one-million, or as otherwise specified in this chapter. The human health criteria calculations and variables include chronic durations of exposure up to 70 years. All human health criteria for metals are for total metal concentrations, unless otherwise noted. Dischargers have the obligation to reduce toxics in discharges through the use of AKART.
Table 240
Toxics Substances Criteria
Compound/Chemical | Chemical Abstracts Service (CAS)# | Aquatic Life Criteria - Freshwater | Aquatic Life Criteria - Marine Water | Human Health Criteria for Consumption of: | |||
Acute | Chronic | Acute | Chronic | Water & Organisms | Organisms Only | ||
Metals: | |||||||
Aluminum | 7429905 | Western Cordillera: 288 Marine West Coast Forest: 630 Cold Desert: 1400 (a,e) | Western Cordillera: 180 Marine West Coast Forest: 302 Cold Desert: 720 (b,e) | - | - | - | - |
Antimony | 7440360 | - | - | - | - | 12 (H) | 180 (H) |
Arsenic | 7440382 | 300 (a,f) | 130 (b,f) | 69 (a,f,g) | 36 (b,f,g) | 10 (A,H) | 10 (A,H) |
Asbestos | 1332214 | - | - | - | - | 7,000,000 fibers/L (C) | - |
Beryllium | 7440417 | - | - | - | - | - | - |
Cadmium | 7440439 | (a,f,h) | (b,f,i) | 33 (a,f) | 7.9 (b,f) | - | - |
Chromium (III) | 16065831 | (a,j,k) | (b,j,l) | - | - | - | - |
Chromium (VI) | 18540299 | 18 (a,f,m) | 6.6 (b,f,n) | 1,100.0 (a,f,g) | 50.0 (b,f,g) | - | - |
Copper | 7440508 | Western Cordillera: 1.4 Marine West Coast Forest: 2.4 Cold Desert: 4.8 (a,f,o) | Western Cordillera: 1.2 Marine West Coast Forest: 1.8 Cold Desert: 3.2 (b,f,p) | 4.8 (a,f,g) | 3.1 (b,f,g) | 1,300 (C) | - |
Lead | 7439921 | (a,f,q) | (b,f,r) | 210.0 (a,f,g) | 8.1 (b,f,g) | - | - |
Mercury | 7439976 | 1.4 (a,f,s) | 0.012 (b,t,u) | 1.8 (a,f,g) | 0.025 (b,t,u) | (G) | (G) |
Methylmercury | 22967926 | - | - | - | - | - | - (H) |
Nickel | 7440020 | (a,f,v) | (b,f,w) | 74.0 (a,f,g) | 8.2 (b,f,g) | 150 (H) | 190 (H) |
Selenium | 7782492 | (x) | (y) | 290 (a,f,g) | 71.0 (b,f,g) | 120 (H) | 480 (H) |
Silver | 7440224 | (a,f,z) | (b,f,aa) | 2.3 (a,f,g) | 0.91 (b,f,g) | - | - |
Thallium | 7440280 | - | - | - | - | 0.24 | 0.27 |
Zinc | 7440666 | (a,f,bb) | (b,f,cc) | 90.0 (a,f,g) | 81.0 (b,f,g) | 2,300 (H) | 2,900 (H) |
Other chemicals: | |||||||
1,1,1-Trichloroethane | 71556 | - | - | - | - | 47,000 (H) | 160,000 (H) |
1,1,2,2-Tetrachloroethane | 79345 | - | - | - | - | 0.12 (B,H) | 0.46 (B,H) |
1,1,2-Trichloroethane | 79005 | - | - | - | - | 0.44 (B,H) | 1.8 (B,H) |
1,1-Dichloroethane | 75343 | - | - | - | - | - | - |
1,1-Dichloroethylene | 75354 | - | - | - | - | 1200 (H) | 4100 (H) |
1,2,4-Trichlorobenzene | 120821 | - | - | - | - | 0.12 (B,H) | 0.14 (B,H) |
1,2-Dichlorobenzene | 95501 | - | - | - | - | 2000 (H) | 2500 (H) |
1,2-Dichloroethane | 107062 | - | - | - | - | 9.3 (B,H) | 120 (B,H) |
1,2-Dichloropropane | 78875 | - | - | - | - | 0.71 (B) | 3.1 (B) |
1,3-Dichloropropene | 542756 | - | - | - | - | 0.24 (B) | 2 (B) |
1,2-Diphenylhydrazine | 122667 | - | - | - | - | 0.015 (B,H) | 0.023 (B,H) |
1,2-Trans-Dichloroethylene | 156605 | - | - | - | - | 600 (H) | 5,800 (H) |
1,3-Dichlorobenzene | 541731 | - | - | - | - | 13 (H) | 16 (H) |
1,4-Dichlorobenzene | 106467 | - | - | - | - | 460 (H) | 580 (H) |
2,3,7,8-TCDD (Dioxin) | 1746016 | - | - | - | - | 0.000000064 | 0.000000064 |
2,4,6-Trichlorophenol | 88062 | - | - | - | - | 0.25 (B) | 0.28 (B) |
2,4-Dichlorophenol | 120832 | - | - | - | - | 25 (H) | 34 (H) |
2,4-Dimethylphenol | 105679 | - | - | - | - | 85 | 97 |
2,4-Dinitrophenol | 51285 | - | - | - | - | 60 (H) | 610 (H) |
2,4-Dinitrotoluene | 121142 | - | - | - | - | 0.039 (B) | 0.18 (B) |
2,6-Dinitrotoluene | 606202 | - | - | - | - | - | - |
2-Chloroethyvinyl Ether | 110758 | - | - | - | - | - | - |
2-Chloronaphthalene | 91587 | - | - | - | - | 170 (H) | 180 (H) |
2-Chlorophenol | 95578 | - | - | - | - | 15 | 17 |
2-Methyl-4,6-Dinitrophenol (4,6-dinitro-o-cresol) | 534521 | - | - | - | - | 7.1 (H) | 25 (H) |
2-Nitrophenol | 88755 | - | - | - | - | - | - |
3,3'-Dichlorobenzidine | 91941 | - | - | - | - | 0.0031 (B) | 0.0033 (B) |
3-Methyl-4-Chlorophenol (parachlorometa cresol) | 59507 | - | - | - | - | 36 | 36 |
4,4'-DDD | 72548 | - | - | - | - | 0.000036 (B,H) | 0.000036 (B,H) |
4,4'-DDE | 72559 | - | - | - | - | 0.000051 (B,H) | 0.000051 (B,H) |
4,4'-DDT | 50293 | - | - | - | - | 0.000025 (B,H) | 0.000025 (B,H) |
4,4'-DDT (and metabolites) | 50293 | 1.1 (c) | 0.001 (d) | 0.13 (c) | 0.001 (d) | - | - |
4-Bromophenyl Phenyl Ether | 101553 | - | - | - | - | - | - |
4-Chorophenyl Phenyl Ether | 7005723 | - | - | - | - | - | - |
4-Nitrophenol | 100027 | - | - | - | - | - | - |
Acenaphthene | 83329 | - | - | - | - | 110 (H) | 110 (H) |
Acenaphthylene | 208968 | - | - | - | - | - | - |
Acrolein | 107028 | 3 (a) | 3 (b) | - | - | 1.0 | 1.1 |
Acrylonitrile | 107131 | - | - | - | - | 0.019 (B) | 0.028 (B) |
Aldrin | 309002 | 3 (c,dd) | 0.0019 (d,dd) | 1.3 (c,e) | 0.0019 (d,dd) | 0.0000057 (B,H) | 0.0000058 (B,H) |
alpha-BHC | 319846 | - | - | - | - | 0.0005 (B,H) | 0.00056 (B,H) |
alpha-Endosulfan | 959988 | 0.22 (c,ee) | 0.056 (d,ee) | 0.034 (c,ee) | 0.0087 (d,ee) | 9.7 (H) | 10 (H) |
Ammonia | 7664417 | (a,ff,ii) | (b,gg,ii) | 0.233 (a,hh,ii) | 0.035 (b,hh,ii) | - | - |
Anthracene | 120127 | - | - | - | - | 3,100 (H) | 4,600 (H) |
Benzene | 71432 | - | - | - | - | 0.44 (B) | 1.6 (B) |
Benzidine | 92875 | - | - | - | - | 0.00002 (B) | 0.000023 (B) |
Benzo(a) Anthracene | 56553 | - | - | - | - | 0.014 (B,H) | 0.021 (B,H) |
Benzo(a) Pyrene | 50328 | - | - | - | - | 0.0014 (B,H) | 0.0021 (B,H) |
Benzo(b) Fluoranthene | 205992 | - | - | - | - | 0.014 (B,H) | 0.021 (B,H) |
Benzo(ghi) Perylene | 191242 | - | - | - | - | - | - |
Benzo(k) Fluoranthene | 207089 | - | - | - | - | 0.014 (B,H) | 0.21 (B,H) |
beta-BHC | 319857 | - | - | - | - | 0.0018 (B,H) | 0.002 (B,H) |
beta-Endosulfan | 33213659 | 0.22 (c,ee) | 0.056 (d,ee) | 0.034 (c,ee) | 0.0087 (d,ee) | 9.7 | 10 |
Bis(2-Chloroethoxy) Methane | 111911 | - | - | - | - | - | - |
Bis(2-Chloroethyl) Ether | 111444 | - | - | - | - | 0.02 (B) | 0.06 (B) |
Bis(2-Chloroisopropyl) Ether | 39638329 | - | - | - | - | - (H) | - (H) |
Bis(2-Ethylhexyl) Phthalate | 117817 | - | - | - | - | 0.23 (B,H) | 0.25 (B,H) |
Bromoform | 75252 | - | - | - | - | 5.8 (B,H) | 27 (B,H) |
Butylbenzyl Phthalate | 85687 | - | - | - | - | 0.56 (B,H) | 0.58 (B,H) |
Carbaryl | 63252 | 2.1 (a) | 2.1 (b) | 1.6 (a) | - | - | - |
Carbon Tetrachloride | 56235 | - | - | - | - | 0.2 (B) | 0.35 (B) |
Chlordane | 57749 | 2.4 (c) | 0.0043 (d) | 0.09 (c) | 0.004 (d) | 0.000093 (B,H) | 0.000093 (B,H) |
Chloride (dissolved) | 168870 | 860 (a,hh,jj) | 230 (b,hh,jj) | - | - | - | - |
Chlorine (total residual) | 7782505 | 19 (a) | 11 (b) | 13 (a) | 7.5 (b) | - | - |
Chlorobenzene | 108907 | - | - | - | - | 380 (H) | 890 (H) |
Chlorodibromomethane | 124481 | - | - | - | - | 0.65 (B,H) | 3 (B,H) |
Chloroethane | 75003 | - | - | - | - | - | - |
Chloroform | 67663 | - | - | - | - | 260 (H) | 1200 (H) |
Chlorpyrifos | 2921882 | 0.083 (a) | 0.041 (b) | 0.011 (a) | 0.0056 (b) | - | - |
Chrysene | 218019 | - | - | - | - | 1.4 (B,H) | 2.1 (B,H) |
Cyanide | 57125 | 8.2 (a,kk) | 1.9 (b,kk) | 1.0 (a,kk,ll) | 1.0 (b,kk,ll) | 19 (D,H) | 270 (D,H) |
delta-BHC | 319868 | - | - | - | - | - | - |
Demeton | 8065483 | - | 0.1 (b) | - | 0.1 (b) | - | - |
Diazinon | 333415 | 0.17 (a) | 0.17 (b) | 0.82 (a) | 0.82 (b) | - | - |
Dibenzo(a,h) Anthracene | 53703 | - | - | - | - | 0.0014 (B,H) | 0.0021 (B,H) |
Dichlorobromomethane | 75274 | - | - | - | - | 0.77 (B,H) | 3.6 (B,H) |
Dieldrin | 60571 | 0.24 (a,dd) | 0.056 (b,dd) | 0.71 (c,dd) | 0.0019 (d,dd) | 0.0000061 (B,H) | 0.0000061 (B,H) |
Diethyl Phthalate | 84662 | - | - | - | - | 4,200 (H) | 5,000 (H) |
Dimethyl Phthalate | 131113 | - | - | - | - | 92,000 (H) | 130,000 (H) |
Di-n-Butyl Phthalate | 84742 | - | - | - | - | 450 (H) | 510 (H) |
Di-n-Octyl Phthalate | 117840 | - | - | - | - | - | - |
Endosulfan Sulfate | 1031078 | - | - | - | - | 9.7 (H) | 10 |
Endrin | 72208 | 0.086 (a) | 0.036 (b) | 0.037 (c) | 0.0023 (d) | 0.034 (H) | 0.035 (H) |
Endrin Aldehyde | 7421934 | - | - | - | - | 0.034 | 0.035 |
Ethylbenzene | 100414 | - | - | - | - | 200 (H) | 270 (H) |
Fluoranthene | 206440 | - | - | - | - | 16 (H) | 16 (H) |
Fluorene | 86737 | - | - | - | - | 420 (H) | 610 (H) |
Guthion | 86500 | - | 0.01 (b) | - | 0.01 (b) | - | - |
Hexachlorocyclohexane (gamma-BHC; Lindane) | 58899 | 0.95 (a) | 0.08 (d) | 0.16 (c) | - | 15 (H) | 17 (H) |
Heptachlor | 76448 | 0.52 (c) | 0.0038 (d) | 0.053 (c) | 0.0036 (d) | 0.0000099 (B,H) | 0.00001 (B,H) |
Heptachlor Epoxide | 1024573 | - | - | - | - | 0.0000074 (B,H) | 0.0000074 (B,H) |
Hexachlorobenzene | 118741 | - | - | - | - | 0.000051 (B,H) | 0.000052 (B,H) |
Hexachlorobutadiene | 87683 | - | - | - | - | 0.69 (B,H) | 4.1 (B,H) |
Hexachlorocyclopentadiene | 77474 | - | - | - | - | 150 (H) | 630 (H) |
Hexachloroethane | 67721 | - | - | - | - | 0.11 (B,H) | 0.13 (B,H) |
Indeno(1,2,3-cd) Pyrene | 193395 | - | - | - | - | 0.014 (B,H) | 0.021 (B,H) |
Isophorone | 78591 | - | - | - | - | 27 (B) | 110 (B) |
Malathion | 121755 | - | 0.1 (b) | - | 0.1 (b) | - | - |
Methoxychlor | 72435 | - | 0.03 (b) | - | 0.03 (b) | - | - |
Methyl Bromide | 74839 | - | - | - | - | 520 (H) | 2,400 |
Methyl Chloride | 74873 | - | - | - | - | - | - |
Methylene Chloride | 75092 | - | - | - | - | 16 (B,H) | 250 (B,H) |
Mirex | 2385855 | - | 0.001 (b) | - | 0.001 (b) | - | - |
N-(1,3-Dimethylbutyl)-N'-phenyl-p-phenylenediamine-quinone(6PPD-q) | 0.012 (a) | - | - | - | - | - | |
Napthalene | 91203 | - | - | - | - | - | - |
Nitrobenzene | 98953 | - | - | - | - | 55 (H) | 320 (H) |
N-Nitrosodimethylamine | 62759 | - | - | - | - | 0.00065 (B) | 0.34 (B) |
N-Nitrosodi-n-Propylamine | 621647 | - | - | - | - | 0.0044 (B) | 0.058 (B) |
N-Nitrosodiphenylamine | 86306 | - | - | - | - | 0.62 (B) | 0.69 (B) |
Nonylphenol | 84852153 | 28 (a) | 6.6 (b) | 7 (a) | 1.7 (b) | - | - |
Parathion | 56382 | 0.065 (a) | 0.013 (b) | - | - | - | - |
Pentachlorophenol (PCP) | 87865 | (a,mm) | (b,nn) | 13 (a) | 6.7 (b) | 0.046 (B,H) | 0.1 (B,H) |
Perfluorooctane sulfonic acid (PFOS) | 3000 (a) | (oo) | 550 (a) | - | - | - | |
Perfluorooctanoic acid (PFOA) | 49000 (a) | (pp) | 7000 (a) | - | - | - | |
Phenanthrene | 85018 | - | - | - | - | - | - |
Phenol | 108952 | - | - | - | - | 18,000 (H) | 200,000 (H) |
Polychlorinated Biphenyls (PCBs) | 2.0 (d) | 0.014 (d) | 10.0 (d) | 0.03 (d) | 0.00017 (E,H) | 0.00017 (E,H) | |
Pyrene | 129000 | - | - | - | - | 310 (H) | 460 (H) |
Tetrachloroethylene | 127184 | - | - | - | - | 4.9 (B,H) | 7.1 (B,H) |
Toluene | 108883 | - | - | - | - | 180 (H) | 410 (H) |
Toxaphene | 8001352 | 0.73 (a) | 0.0002 (b) | 0.21 (a) | 0.0002 (b) | 0.000032 (B) | 0.000032 (B) |
Tributyltin | 0.46 (a) | 0.072 (b) | 0.42 (a) | 0.0074 (b) | - | - | |
Trichloroethylene | 79016 | - | - | - | - | 0.38 (B,H) | 0.86 (B,H) |
Vinyl Chloride | 75014 | - | - | - | - | 0.02 (B,F) | 0.26 (B,F,H) |
Footnotes for aquatic life criteria in Table 240: | |
a. | A 1-hour average concentration not to be exceeded more than once every three years on the average. |
b. | A 4-day average concentration not to be exceeded more than once every three years on average. |
c. | An instantaneous concentration not to be exceeded at any time. |
d. | A 24-hour average not to be exceeded at any time. |
e. | Criteria are calculated using the Aluminum Criteria Calculator V.2.0 that is published in EPA's "Final Aquatic Water Quality Criteria for Aluminum 2018" (EPA-822-R-1-001). Default criteria values were calculated for EPA Level II ecoregions and are applicable in the absence of water body or site-specific water quality data. The freshwater default acute criterion in the Western Cordillera ecoregion is 288 µg/L, 630 µg/L is the default acute criterion in the Marine West Coast Forest ecoregion, and 1400 µg/L is the default acute criterion in the Cold Desert ecoregion. The freshwater default chronic criterion in the Western Cordillera ecoregion is 180 µg/L, 302 µg/L is the default chronic criterion in the Marine West Coast Forest ecoregion, and 720 µg/L is the default chronic criterion in the Cold Desert ecoregion. The default criterion is used in the absence of concurrently sampled pH, hardness, and dissolved organic carbon for a site-specific location or water body. Criteria calculated using concurrently sampled pH, hardness, and dissolved organic carbon for a specific water body supersede the default criteria. The aluminum criteria are based on aluminum toxicity studies where aluminum was analyzed using total recoverable analytical methods. Washington may utilize total recoverable analytical methods to implement the criteria. For characterizing ambient waters, Washington may also utilize, as scientifically appropriate and as allowable by state and federal regulations, analytical methods that measure the bioavailable fraction of aluminum (e.g., utilizing a less aggressive initial acid digestion, such as to a pH of approximately 4 or lower, that includes the measurement of amorphous aluminum hydroxide yet minimizes the measurement of mineralized forms of aluminum such as aluminum silicates associated with suspended sediment particles or clays). Washington shall use measurements of total recoverable aluminum where required by federal regulations. |
f. | These ambient criteria in the table are for the dissolved fraction. The cyanide criteria are based on the weak acid dissociable method. The metals criteria may not be used to calculate total recoverable effluent limits unless the seasonal partitioning of the dissolved to total metals in the ambient water are known. When this information is absent, these metals criteria shall be applied as total recoverable values, determined by back-calculation, using the conversion factors incorporated in the criterion equations. Metals criteria may be adjusted on a site-specific basis when data are made available to the department clearly demonstrating the effective use of the water effects ratio approach established by USEPA, as generally guided by the procedures in USEPA Water Quality Standards Handbook, December 1983, as supplemented or replaced by USEPA or ecology. The adjusted site-specific criteria are not in effect until they have been incorporated into this chapter and approved by EPA. Information which is used to develop effluent limits based on applying metals partitioning studies or the water effects ratio approach shall be identified in the permit fact sheet developed pursuant to WAC 173-220-060 or 173-226-110, as appropriate, and shall be made available for the public comment period required pursuant to WAC 173-220-050 or 173-226-130(3), as appropriate. Ecology has developed supplemental guidance for conducting water effect ratio studies. |
g. | Marine conversion factors (CF) which were used for calculating dissolved metals concentrations are given below. Conversion factors are applicable to both acute and chronic criteria for all metals except mercury. The CF for mercury was applied to the acute criterion only and is not applicable to the chronic criterion. Conversion factors are already incorporated into the criteria in the table. Dissolved criterion = criterion x CF |
Metal | CF | |
Arsenic | 1.000 | |
Cadmium | 0.994 | |
Chromium (VI) | 0.993 | |
Copper | 0.83 | |
Lead | 0.951 | |
Mercury | 0.85 | |
Nickel | 0.990 | |
Selenium | 0.998 | |
Silver | 0.85 | |
Zinc | 0.946 |
h. | Acute criterion = (CF)(e(0.9789[ln(hardness)]-4.189)). Conversion factor (CF) is hardness dependent. CF is calculated for other hardnesses as follows: CF = 1.136672 - [(ln hardness)(0.041838)]. |
i. | Chronic criterion = (CF)(e(0.7977[ln(hardness)]-4.446)). Conversion factor (CF) is hardness dependent. CF is calculated for other hardnesses as follows: CF = 1.101672 - [(ln hardness)(0.041838)]. |
j. | Where methods to measure trivalent chromium are unavailable, these criteria are to be represented by total-recoverable chromium. |
k. | Acute criterion = (0.316)(e(0.8190[ln(hardness)] + 3.533)) |
l. | Chronic criterion = (0.860)(e(0.8190[ln(hardness)] + 0.4921)) |
m. | The conversion factor used to calculate the dissolved metal concentration is 0.982. |
n. | The conversion factor used to calculate the dissolved metal concentration is 0.962. |
o. | The acute criterion is represented by the higher criteria value of the two equations: 1) Acute criterion = e(0.700*ln(DOC) + 0.579*ln(hardness) + 0.778*pH – 6.738) and 2) Acute criterion = e(0.855*ln(DOC) + 0.221*ln(hardness) + 0.216*pH – 1.183). Default criteria values were calculated for EPA Level II ecoregions and are applicable in the absence of water body or site-specific water quality data. The freshwater default acute criterion in the Western Cordillera ecoregion is 1.4 µg/L, 2.4 µg/L is the default acute criterion in the Marine West Coast Forest ecoregion, and 4.8 µg/L is the default acute criterion in the Cold Desert ecoregion. The default criterion is used in the absence of concurrently sampled pH, hardness, and dissolved organic carbon for a site-specific location or water body. Criteria calculated using concurrently sampled pH, hardness, and dissolved organic carbon for a specific water body supersede the default criteria. |
p. | Chronic criterion = e(0.855*ln(DOC) + 0.221*ln(hardness) + 0.216*pH – 1.402) . Default criteria values were calculated for EPA Level II ecoregions and are applicable in the absence of water body or site-specific water quality data. The freshwater default chronic criterion in the Western Cordillera ecoregion is 1.2 µg/L, 1.8 µg/L is the default chronic criterion in the Marine West Coast Forest ecoregion, and 3.2 µg/L is the default chronic criterion in the Cold Desert ecoregion. 1.6 µg/L is applicable in western Washington and 1.8 µg/L is the applicable default chronic criterion in eastern Washington. The default criterion is used in the absence of concurrently sampled pH, hardness, and dissolved organic carbon for a site-specific location or water body. Criteria calculated using concurrently sampled pH, hardness, and dissolved organic carbon for a specific water body supersede the default criteria. |
q. | Acute criterion = (CF)(e(1.273[ln(hardness)] - 1.460)). Conversion factor (CF) is hardness dependent. CF is calculated for other hardnesses as follows: CF = 1.46203 - [(ln hardness)(0.145712)]. |
r. | Chronic criterion = (CF)(e(1.273[ln(hardness)] - 4.705)). Conversion factor (CF) is hardness dependent. CF is calculated for other hardnesses as follows: CF = 1.46203 - [(ln hardness)(0.145712)]. |
s. | The conversion factor used to calculate the dissolved metal concentration is 0.85. |
t. | These criteria are based on the total-recoverable fraction of the metal. |
u. | If the four-day average chronic concentration is exceeded more than once in a three-year period, the edible portion of the consumed species should be analyzed. Said edible tissue concentrations shall not be allowed to exceed 1.0 mg/kg of methylmercury. |
v. | Acute criterion = (0.998)(e(0.8460[ln(hardness)] + 0.1667)) |
w. | Chronic criterion = (0.997)(e(0.8460[ln(hardness)] – 1.466)) |
x. | There is no freshwater acute criterion for aquatic life for selenium. The freshwater chronic criterion is expected to adequately protect against acute effects. |
y. | Freshwater chronic selenium criteria: |
15.1 mg/kg dry weight (egg-ovary tissue)1 | |
8.5 mg/kg dry weight (whole-body tissue)2 | |
11.3 mg/kg dry weight (muscle tissue)2 | |
1.5 µg/L (water lentic)3 | |
3.1 µg/L (water lotic)3 | |
WQCint = WQC – Cbkgrnd (1 – fint) / fint (water lentic or lotic)3,4 | |
1 Egg-ovary supersedes any whole-body, muscle, or water column element when fish egg-ovary concentrations are measured, except as noted in footnote 4. Tissue criterion is not to be exceeded. | |
2 Fish whole-body or muscle tissue supersedes the water column element when both fish tissue and water concentrations are measured, except as noted in footnote 4. Tissue criterion is not to be exceeded. | |
3 Water column values are based on dissolved total selenium in water and are derived from fish tissue values via bioaccumulation modeling. When selenium inputs are increasing, water column values are the applicable criterion element in the absence of steady-state condition fish tissue data. Water column criteria are based on a 30-day average concentrations, except for WQCint (see footnote 4). Water column criteria are not to be exceeded more than once every three years on average. | |
4 Where WQCint is the intermittent exposure concentration in µg/L; WQC is the applicable water column element, for either lentic or lotic waters; Cbkgrnd is the average daily background concentration occurring during the remaining time, integrated over 30 days; fint is the fraction of any 30-day period during which elevated selenium concentrations occur, with fint assigned a value ≥ 0.033 (corresponding to one day). Intermittent exposure criteria averaging period is the number of days per month with an elevated concentration. | |
z. | Acute criterion = (0.85)(e(1.72[ln(hardness)] – 8.590)) |
aa. | Chronic criterion = (0.85)(e(1.72[ln(hardness)] – 9.511)) |
bb. | Acute criterion = (0.978)(e(0.8473[ln(hardness)] + 0.3313)) |
cc. | Chronic criterion = (0.986)(e(0.8473[ln(hardness)] – 0.6900)) |
dd. | Aldrin is metabolically converted to Dieldrin. Therefore, the sum of the Aldrin and Dieldrin concentrations are compared with the Dieldrin criteria. |
ee. | This value was derived from data for endosulfan. Where concentrations for both alpha-endosulfan and beta-endosulfan are available, the sum of alpha-endosulfan and beta-endosulfan concentrations shall be compared to the criteria. |
ff. | Shall not exceed the numerical value in total ammonia nitrogen (mg N/L) given by: |
For salmonids present: | 0.275 | + | 39.0 |
1 + 107.204-pH | 1 + 10pH-7.204 | ||
For salmonids absent: | 0.411 | + | 58.4 |
1 + 107.204-pH | 1 + 10pH-7.204 |
gg. | Shall not exceed the numerical concentration calculated as follows: |
Unionized ammonia concentration for waters where salmonid habitat is an existing or designated use: |
0.80 ÷ (FT)(FPH)(RATIO) | ||||
where: | RATIO | = | 13.5; 7.7 ≤ pH ≤ 9 | |
RATIO | = | (20.25 x 10(7.7-pH)) ÷ (1 + 10(7.4-pH)); 6.5 ≤ pH ≤ 7.7 | ||
FT | = | 1.4; 15 ≤ T ≤ 30 | ||
FT | = | 10[0.03(20-T)]; 0 ≤ T ≤ 15 | ||
FPH | = | 1; 8 ≤ pH ≤ 9 | ||
FPH | = | (1 + 10(7.4-pH)) ÷ 1.25; 6.5 ≤ pH ≤ 8.0 |
Total ammonia concentrations for waters where salmonid habitat is not an existing or designated use and other fish early life stages are absent:
where: A | = | the greater of either T (temperature in degrees Celsius) or 7. |
Applied as a 30-day average concentration of total ammonia nitrogen (in mg N/L) not to be exceeded more than once every three years on average. The highest four-day average within the 30-day period should not exceed 2.5 times the chronic criterion.
Total ammonia concentration for waters where salmonid habitat is not an existing or designated use and other fish early life stages are present:
where: B | = | the lower of either 2.85, or 1.45 x 100.028 x (25-T). T = temperature in degrees Celsius. |
Applied as a 30-day average concentration of total ammonia nitrogen (in mg N/L) not to be exceeded more than once every three years on the average. The highest four-day average within the 30-day period should not exceed 2.5 times the chronic criterion. | |
hh. | Measured in milligrams per liter rather than micrograms per liter. |
ii. | The listed freshwater criteria are based on un-ionized or total ammonia concentrations, while those for marine water are based on un-ionized ammonia concentrations. Tables for the conversion of total ammonia to un-ionized ammonia for freshwater can be found in the USEPA's Quality Criteria for Water, 1986. Criteria concentrations based on total ammonia for marine water can be found in USEPA Ambient Water Quality Criteria for Ammonia (Saltwater)-1989, EPA440/ 5-88-004, April 1989. |
jj. | Criterion based on dissolved chloride in association with sodium. This criterion probably will not be adequately protective when the chloride is associated with potassium, calcium, or magnesium, rather than sodium. |
kk. | The criteria for cyanide is based on the weak acid dissociable method in the 19th Ed. Standard Methods for the Examination of Water and Wastewater, 4500-CN I, and as revised (see footnote f, above). |
ll. | The cyanide criteria are: 2.8 µg/L chronic and 9.1 µg/L acute and are applicable only to waters which are east of a line from Point Roberts to Lawrence Point, to Green Point to Deception Pass; and south from Deception Pass and of a line from Partridge Point to Point Wilson. The chronic criterion applicable to the remainder of the marine waters is l µg/L. |
mm. | Acute criterion = e[1.005(pH) – 5.450] |
nn. | Chronic criterion = e[1.005(pH) – 6.155] |
oo. | Freshwater chronic PFOS criteria: |
8.4 µg/L (water)1,2 | |
0.937 mg/kg ww (invertebrate whole-body)1,3,4 | |
6.75 mg/kg ww (fish whole-body)1,3,4 | |
2.91 mg/kg ww (fish muscle)1,3,4 | |
1 All water column and tissue criteria are intended to be independently applicable for compliance determinations and no one criterion takes primacy. | |
2 Water column criteria are based on a four-day average concentration not to be exceeded more than once every three years on average. | |
3 Tissue criteria derived from the chronic water column concentration with the use of bioaccumulation factors and are expressed as wet weight (ww) concentrations. | |
4 Tissue data is an instantaneous point measurement that reflect integrative accumulation of PFOS over time and space. Criteria are not to be exceeded more than once every 10 years on average. | |
pp. | Freshwater chronic PFOA criteria: |
94 µg/L (water)1,2 | |
1.11 mg/kg ww (invertebrate whole-body)1,3,4 | |
6.10 mg/kg ww (fish whole-body)1,3,4 | |
0.125 mg/kg ww (fish muscle)1,3,4 | |
1 All water column and tissue criteria are intended to be independently applicable for compliance determinations and no one criterion takes primacy. | |
2 Water column criteria are based on a four-day average concentration not to be exceeded more than once every three years on average. | |
3 Tissue criteria derived from the chronic water column concentration with the use of bioaccumulation factors and are expressed as wet weight (ww) concentrations. | |
4 Tissue data is an instantaneous point measurement that reflect integrative accumulation of PFOS over time and space. Criteria are not to be exceeded more than once every 10 years on average. |
Footnotes for human health criteria in Table 240: | |
A. | This criterion for total arsenic is the maximum contaminant level (MCL) developed under the Safe Drinking Water Act. The MCL for total arsenic is applied to surface waters where consumption of organisms-only and where consumption of water + organisms reflect the designated uses. When the department determines that a direct or indirect industrial discharge to surface waters designated for domestic water supply may be adding arsenic to its wastewater, the department will require the discharger to develop and implement a pollution prevention plan to reduce arsenic through the use of AKART. Industrial wastewater discharges to a privately or publicly owned wastewater treatment facility are considered indirect discharges. |
B. | This criterion was calculated based on an additional lifetime cancer risk of one-in-one-million (1 x 10-6 risk level). |
C. | This criterion is based on a regulatory level developed under the Safe Drinking Water Act. |
D. | This recommended water quality criterion is expressed as total cyanide, even though the integrated risk information system RfD used to derive the criterion is based on free cyanide. The multiple forms of cyanide that are present in ambient water have significant differences in toxicity due to their differing abilities to liberate the CN-moiety. Some complex cyanides require even more extreme conditions than refluxing with sulfuric acid to liberate the CN-moiety. Thus, these complex cyanides are expected to have little or no "bioavailability" to humans. If a substantial fraction of the cyanide present in a water body is present in a complexed form (e.g., Fe4[Fe(CN)6]3), this criterion may be overly conservative. |
E. | This criterion applies to total PCBs, (e.g., the sum of all congener or all isomer or homolog or Aroclor analyses). The PCBs criteria were calculated using a chemical-specific risk level of 4 x 10-5. Because that calculation resulted in a higher (less protective) concentration than the current criterion concentration (40 C.F.R. 131.36) the state made a chemical-specific decision to stay at the current criterion concentration. |
F. | This criterion was derived using the cancer slope factor of 1.4 (linearized multistage model with a twofold increase to 1.4 per mg/kg-day to account for continuous lifetime exposure from birth). |
G. | EPA has removed Washington from the National Toxics Rule at 40 C.F.R. 131.36 for mercury and promulgated new human health criteria for methylmercury in the EPA's final federal rule at 40 C.F.R. 131.45. |
H. | Human health criteria applicable for Clean Water Act purposes in the state of Washington are contained in 40 C.F.R. 131.45 and effective as of December 19, 2022 (87 FR 69183). |
[Statutory Authority: Chapter 90.48 RCW, RCW 90.48.035, and 40 C.F.R. 131.20. WSR 24-17-048 (Order 22-04), § 173-201A-240, filed 8/14/24, effective 9/14/24. Statutory Authority: RCW 90.48.035 and 40 C.F.R. 131.20. WSR 20-02-091 (Order 19-02), § 173-201A-240, filed 12/30/19, effective 1/30/20. Statutory Authority: RCW 90.48.035, 90.48.605 and section 303(c) of the Federal Water Pollution Control Act (Clean Water Act), C.F.R. 40, C.F.R. 131. WSR 16-16-095 (Order 12-03), § 173-201A-240, filed 8/1/16, effective 9/1/16. Statutory Authority: RCW 90.48.035. WSR 11-09-090 (Order 10-10), § 173-201A-240, filed 4/20/11, effective 5/21/11; WSR 06-23-117 (Order 06-04), § 173-201A-240, filed 11/20/06, effective 12/21/06. Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), amended and recodified as § 173-201A-240, filed 7/1/03, effective 8/1/03. Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-040, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-040, filed 11/25/92, effective 12/26/92.]
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.
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Radioactive substances.
(1) Deleterious concentrations of radioactive materials for all classes shall be as determined by the lowest practicable concentration attainable and in no case shall exceed:
(a) 1/12.5 of the values listed in WAC 246-221-290 (Column 2, Table II, effluent concentrations, rules and regulations for radiation protection); or
(b) USEPA Drinking Water Regulations for radionuclides, as published in the Federal Register of July 9, 1976, or subsequent revisions thereto.
(2) Nothing in this chapter shall be interpreted to be applicable to those aspects of governmental regulation of radioactive waters which have been preempted from state regulation by the Atomic Energy Act of 1954, as amended, as interpreted by the United States Supreme Court in the cases of Northern States Power Co. v. Minnesota 405 U.S. 1035 (1972) and Train v. Colorado Public Interest Research Group, 426 U.S. 1 (1976).
[Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), recodified as § 173-201A-250, filed 7/1/03, effective 8/1/03. Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-050, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-050, filed 11/25/92, effective 12/26/92.]
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Natural conditions and other water quality criteria and applications.
(1) Natural and irreversible human conditions.
(a) It is recognized that portions of many water bodies cannot meet the assigned criteria due to the natural conditions of the water body. When a water body does not meet its assigned criteria due to natural climatic or landscape attributes, the natural conditions constitute the water quality criteria.
(b) When a water body does not meet its assigned criteria due to human structural changes that cannot be effectively remedied (as determined consistent with the federal regulations at 40 C.F.R. 131.10), then alternative estimates of the attainable water quality conditions, plus any further allowances for human effects specified in this chapter for when natural conditions exceed the criteria, may be used to establish an alternative criteria for the water body (see WAC 173-201A-430 and 173-201A-440).
(2) Toxics and aesthetics criteria. The following narrative criteria apply to all existing and designated uses for fresh and marine water:
(a) Toxic, radioactive, or deleterious material concentrations must be below those which have the potential, either singularly or cumulatively, to adversely affect characteristic water uses, cause acute or chronic conditions to the most sensitive biota dependent upon those waters, or adversely affect public health (see WAC 173-201A-240, toxic substances, and 173-201A-250, radioactive substances).
(b) Aesthetic values must not be impaired by the presence of materials or their effects, excluding those of natural origin, which offend the senses of sight, smell, touch, or taste (see WAC 173-201A-230 for guidance on establishing lake nutrient standards to protect aesthetics).
(3) Procedures for applying water quality criteria. In applying the appropriate water quality criteria for a water body, the department will use the following procedure:
(a) The department will establish water quality requirements for water bodies, in addition to those specifically listed in this chapter, on a case-specific basis where determined necessary to provide full support for designated and existing uses.
(b) Upstream actions must be conducted in manners that meet downstream water body criteria. Except where and to the extent described otherwise in this chapter, the criteria associated with the most upstream uses designated for a water body are to be applied to headwaters to protect nonfish aquatic species and the designated downstream uses.
(c) Where multiple criteria for the same water quality parameter are assigned to a water body to protect different uses, the most stringent criterion for each parameter is to be applied.
(d) At the boundary between water bodies protected for different uses, the more stringent criteria apply.
(e) In brackish waters of estuaries, where different criteria for the same use occurs for fresh and marine waters, the decision to use the fresh water or the marine water criteria must be selected and applied on the basis of vertically averaged daily maximum salinity, referred to below as "salinity."
(i) The fresh water criteria must be applied at any point where ninety-five percent of the salinity values are less than or equal to one part per thousand, except that the fresh water criteria for bacteria applies when the salinity is less than ten parts per thousand; and
(ii) The marine water criteria must apply at all other locations where the salinity values are greater than one part per thousand, except that the marine criteria for bacteria applies when the salinity is ten parts per thousand or greater.
(f) Numeric criteria established in this chapter are not intended for application to human created waters managed primarily for the removal or containment of pollution. This special provision also includes private farm ponds created from upland sites that did not incorporate natural water bodies.
(i) Waters covered under this provision must be managed so that:
(A) They do not create unreasonable risks to human health or uses of the water; and
(B) Discharges from these systems meet down gradient surface and ground water quality standards.
(ii) This provision does not apply to waterways designed and managed primarily to convey or transport water from one location to another, rather than to remove pollution en route.
(g) When applying the numeric criteria established in this chapter, the department will give consideration to the precision and accuracy of the sampling and analytical methods used, as well as the existing conditions at the time.
(h) The analytical testing methods for these numeric criteria must be in accordance with the "Guidelines Establishing Test Procedures for the Analysis of Pollutants" (40 C.F.R. Part 136) or superseding methods published. The department may also approve other methods following consultation with adjacent states and with the approval of the USEPA.
(i) The primary means for protecting water quality in wetlands is through implementing the antidegradation procedures described in Part III of this chapter.
(i) In addition to designated uses, wetlands may have existing beneficial uses that are to be protected that include ground water exchange, shoreline stabilization, and stormwater attenuation.
(ii) Water quality in wetlands is maintained and protected by maintaining the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designated uses.
(iii) Wetlands must be delineated using the Washington State Wetlands Identification and Delineation Manual, in accordance with WAC 173-22-035.
PART III - ANTIDEGRADATION
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Description.
(1) The antidegradation policy is guided by chapter 90.48 RCW, Water Pollution Control Act, chapter 90.54 RCW, Water Resources Act of 1971, and 40 C.F.R. 131.12.
(2) The purpose of the antidegradation policy is to:
(a) Restore and maintain the highest possible quality of the surface waters of Washington;
(b) Describe situations under which water quality may be lowered from its current condition;
(c) Apply to human activities that are likely to have an impact on the water quality of a surface water;
(d) Ensure that all human activities that are likely to contribute to a lowering of water quality, at a minimum, apply all known, available, and reasonable methods of prevention, control, and treatment (AKART); and
(e) Apply three levels of protection for surface waters of the state, as generally described below:
(i) Tier I is used to ensure existing and designated uses are maintained and protected and applies to all waters and all sources of pollution.
(ii) Tier II is used to ensure that waters of a higher quality than the criteria assigned in this chapter are not degraded unless such lowering of water quality is necessary and in the overriding public interest. Tier II applies only to a specific list of polluting activities.
(iii) Tier III is used to prevent the degradation of waters formally listed in this chapter as "outstanding resource waters," and applies to all sources of pollution.
(3) Habitat restoration. Both temporary harm and permanent loss of existing uses may be allowed by the department where determined necessary to secure greater ecological benefits through major habitat restoration projects designed to return the natural physical structure and associated uses to a water body where the structure has been altered through human action.
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Tier I—Protection and maintenance of existing and designated uses.
(1) Existing and designated uses must be maintained and protected. No degradation may be allowed that would interfere with, or become injurious to, existing or designated uses, except as provided for in this chapter.
(2) For waters that do not meet assigned criteria, or protect existing or designated uses, the department will take appropriate and definitive steps to bring the water quality back into compliance with the water quality standards.
(3) Whenever the natural conditions of a water body are of a lower quality than the assigned criteria, the natural conditions constitute the water quality criteria. Where water quality criteria are not met because of natural conditions, human actions are not allowed to further lower the water quality, except where explicitly allowed in this chapter.
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Tier II—Protection of waters of higher quality than the standards.
(1) Whenever a water quality constituent is of a higher quality than a criterion designated for that water under this chapter, new or expanded actions within the categories identified in subsection (2) of this section that are expected to cause a measurable change in the quality of the water (see subsection (3) of this section) may not be allowed unless the department determines that the lowering of water quality is necessary and in the overriding public interest (see subsection (4) of this section).
(2) A Tier II review will only be conducted for new or expanded actions conducted under the following authorizations. Public involvement with the Tier II review will be conducted in accordance with the public involvement processes associated with these actions.
(a) National Pollutant Discharge Elimination System (NPDES) waste discharge permits;
(b) State waste discharge permits to surface waters;
(c) Federal Clean Water Act Section 401 water quality certifications; and
(d) Other water pollution control programs authorized, implemented, or administered by the department.
(3) Definition of measurable change. To determine that a lowering of water quality is necessary and in the overriding public interest, an analysis must be conducted for new or expanded actions when the resulting action has the potential to cause a measurable change in the physical, chemical, or biological quality of a water body. Measurable changes will be determined based on an estimated change in water quality at a point outside the source area, after allowing for mixing consistent with WAC 173-201A-400(7). In the context of this regulation, a measurable change includes a:
(a) Temperature increase of 0.3°C or greater;
(b) Dissolved oxygen decrease of 0.2 mg/L or greater;
(c) Bacteria level increase of 2 CFU or MPN per 100 mL or greater;
(d) pH change of 0.1 units or greater;
(e) Turbidity increase of 0.5 NTU or greater; or
(f) Any detectable increase in the concentration of a toxic or radioactive substance.
(4) Necessary and overriding public interest determinations. Once an activity has been determined to cause a measurable lowering in water quality, then an analysis must be conducted to determine if the lowering of water quality is necessary and in the overriding public interest. Information to conduct the analysis must be provided by the applicant seeking the authorization, or by the department in developing a general permit or pollution control program, and must include:
(a) A statement of the benefits and costs of the social, economic, and environmental effects associated with the lowering of water quality. This information will be used by the department to determine if the lowering of water quality is in the overriding public interest. Examples of information that can assist in this determination include:
(i) Economic benefits such as creating or expanding employment, increasing median family income, or increasing the community tax base;
(ii) Providing or contributing to necessary social services;
(iii) The use and demonstration of innovative pollution control and management approaches that would allow a significant improvement in AKART for a particular industry or category of action;
(iv) The prevention or remediation of environmental or public health threats;
(v) The societal and economic benefits of better health protection;
(vi) The preservation of assimilative capacity for future industry and development; and
(vii) The benefits associated with high water quality for uses such as fishing, recreation, and tourism.
(b) Information that identifies and selects the best combination of site, structural, and managerial approaches that can be feasibly implemented to prevent or minimize the lowering of water quality. This information will be used by the department to determine if the lowering of water quality is necessary. Examples that may be considered as alternatives include:
(i) Pollution prevention measures (such as changes in plant processes, source reduction, and substitution with less toxic substances);
(ii) Recycle/reuse of waste by-products or production materials and fluids;
(iii) Application of water conservation methods;
(iv) Alternative or enhanced treatment technology;
(v) Improved operation and maintenance of existing treatment systems;
(vi) Seasonal or controlled discharge options to avoid critical conditions of water quality;
(vii) Establishing buffer areas with effective limits on activities;
(viii) Land application or infiltration to capture pollutants and reduce surface runoff, on-site treatment, or alternative discharge locations;
(ix) Water quality offsets as described in WAC 173-201A-450.
(5) The department retains the discretion to require that the applicant examine specific alternatives, or that additional information be provided to conduct the analysis.
(6) General permit and water pollution control programs are developed for a category of dischargers that have similar processes and pollutants. New or reissued general permits or other water pollution control programs authorized, implemented, or administered by the department will undergo an analysis under Tier II at the time the department develops and approves the general permit or program.
(a) Individual activities covered under these general permits or programs will not require a Tier II analysis.
(b) The department will describe in writing how the general permit or control program meets the antidegradation requirements of this section.
(c) The department recognizes that many water quality protection programs and their associated control technologies are in a continual state of improvement and development. As a result, information regarding the existence, effectiveness, or costs of control practices for reducing pollution and meeting the water quality standards may be incomplete. In these instances, the antidegradation requirements of this section can be considered met for general permits and programs that have a formal process to select, develop, adopt, and refine control practices for protecting water quality and meeting the intent of this section. This adaptive process must:
(i) Ensure that information is developed and used expeditiously to revise permit or program requirements;
(ii) Review and refine management and control programs in cycles not to exceed five years or the period of permit reissuance; and
(iii) Include a plan that describes how information will be obtained and used to ensure full compliance with this chapter. The plan must be developed and documented in advance of permit or program approval under this section.
(7) All authorizations under this section must still comply with the provisions of Tier I (WAC 173-201A-310).
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Tier III—Protection of outstanding resource waters.
Where a high quality water is designated as an outstanding resource water, the water quality and uses of those waters must be maintained and protected. As part of the public process, a qualifying water body may be designated as Tier III(A) which prohibits any and all future degradation, or Tier III(B) which allows for de minimis (below measurable amounts) degradation from well-controlled activities.
(1) To be eligible for designation as an outstanding resource water in Washington, one or more of the following must apply:
(a) The water is in a relatively pristine condition (largely absent human sources of degradation) or possesses exceptional water quality, and also occurs in federal and state parks, monuments, preserves, wildlife refuges, wilderness areas, marine sanctuaries, estuarine research reserves, or wild and scenic rivers;
(b) The water has unique aquatic habitat types (for example, peat bogs) that by conventional water quality parameters (such as dissolved oxygen, temperature, or sediment) are not considered high quality, but that are unique and regionally rare examples of their kind;
(c) The water has both high water quality and regionally unique recreational value;
(d) The water is of exceptional statewide ecological significance; or
(e) The water has cold water thermal refuges critical to the long-term protection of aquatic species. For this type of outstanding resource water, the nondegradation protection would apply only to temperature and dissolved oxygen.
(2) Any water or portion thereof that meets one or more of the conditions described in subsection (1) of this section may be designated for protection as an outstanding resource water. A request for designation may be made by the department or through public nominations that are submitted to the department in writing and that include sufficient information to show how the water body meets the appropriate conditions identified in this section.
(3) After receiving a request for outstanding resource water designation, the department will:
(a) Respond within 60 days of receipt with a decision on whether the submitted information demonstrates that the water body meets the eligibility requirements for an outstanding resource water. If the submitted information demonstrates that the water body meets the eligibility requirements, the department will schedule a review of the nominated water for designation as an outstanding resource water. The review will include a public process and consultation with tribes.
(b) In determining whether or not to designate an outstanding resource water, the department will consider factors relating to the difficulty of maintaining the current quality of the water body. Outstanding resource waters should not be designated where substantial and imminent social or economic impact to the local community will occur, unless local public support is overwhelmingly in favor of the designation. The department will carefully weigh the level of support from the public and affected governments in assessing whether or not to designate the water as an outstanding resource water.
(c) After considering public comments and weighing public support for the proposal, the department will make a final determination on whether a nominated water body should be adopted into this chapter as an outstanding resource water.
(4) A designated outstanding resource water will be maintained and protected from all degradation, except for the following situations:
(a) Temporary actions that are necessary to protect the public interest as approved by the department.
(b) Treatment works bypasses for sewage, waste, and stormwater are allowed where such a bypass is unavoidable to prevent the loss of life, personal injury, or severe property damage, and no feasible alternatives to the bypass exist.
(c) Response actions taken in accordance with the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended, or similar federal or state authorities, to alleviate a release into the environment of substances which may pose an imminent and substantial danger to public health or welfare.
(d) The sources of degradation are from atmospheric deposition.
(5) Outstanding resources waters can be designated for either Tier III(A) or Tier III(B) protection.
(a) Tier III(A) is the highest level of protection and allows no further degradation after the waters have been formally designated Tier III(A) under this chapter.
(b) Tier III(B) is the second highest level of protection for outstanding resource waters and conditionally allows minor degradation to occur due to highly controlled actions. The requirements for Tier III(B) are as follows:
(i) To meet the goal for maintaining and protecting the quality of Tier III(B) waters, sources of pollution, considered individually and cumulatively, are not to cause measurable degradation of the water body.
(ii) Regardless of the quality of the water body, all new or expanded point sources of pollution in Tier III(B) waters must use applicable advanced waste treatment and control techniques that reasonably represent the state of the art and must minimize the degradation of water quality to nonmeasurable levels where total elimination is not feasible. Nonpoint sources must use all applicable structural and nonstructural BMPs with the goal of reducing the degradation of water quality to nonmeasurable levels where total elimination is not feasible.
(6) Waterbodies designated as outstanding resource waters are listed under WAC 173-201A-332.
PDF173-201A-332
Table 332—Outstanding resource water designations by water resource inventory area (WRIA).
(1) Table 332 lists waterbodies designated as Tier III(A) or Tier III(B) outstanding resource waters. Waterbodies are designated in accordance with WAC 173-201A-330.
(2) The coordinates listed in Table 332 are defined in the North American 1983 Datum High Accuracy Reference Network (NAD83 HARN).
Table 332
WRIA | County or Counties | Waterbody Name | Designation Boundary | Tier III(A) or III(B) |
4 - Upper Skagit | Skagit | Cascade River and tributaries within the designation boundary. | Upstream from the west boundary of Mount Baker Snoqualmie National Forest (latitude 48.5324, longitude -121.3078) at the west section line of Section 07, Township 35 North, Range 12 East, to headwaters, including tributaries. | Tier III(A) |
26 - Cowlitz | Skamania | Green River and tributaries within designation boundary. | Upstream from the boundary of the Gifford Pinchot National Forest (latitude 46.3484, longitude -122.0938) at the west section line of Section 17, Township 10 North, Range 06 East, to headwaters, including tributaries. | Tier III(A) |
42 - Grand Coulee | Grant | Soap Lake | Latitude 47.4068, longitude -119.4969. | Tier III(B)1 |
45 - Wenatchee | Chelan | Napeequa River and tributaries within the designation boundary. | Upstream from the boundary of the Okanogan-Wenatchee National Forest and private land near river mile 1 (latitude 47.9269, longitude -120.8870) within Section 17, Township 28 North, Range 16 East, to headwaters, including tributaries. | Tier III(A) |
Notes for Table 332 | ||
1 Notes for Soap Lake: | ||
a. Soap Lake measurable change is defined as a decrease in salinity as measured by conductivity of 639 microsiemens per centimeter (µS/cm) or greater. | ||
b. In addition, human actions must not cause lake conductivity to decrease below 19,843 µS/cm as calculated as a seasonal average more than once in 10 years. | ||
c. Seasonal average conductivity is calculated as the arithmetic average of seven or more samples collected April through October. Sampling should be distributed throughout this period. |
[Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131.12. WSR 24-01-088 (Order 22-06), § 173-201A-332, filed 12/18/23, effective 1/18/24.]
PART IV - TOOLS FOR APPLICATION OF CRITERIA AND USES
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Mixing zones.
(1) The allowable size and location of a mixing zone and the associated effluent limits shall be established in discharge permits, general permits, or orders, as appropriate.
(2) A discharger shall be required to fully apply AKART prior to being authorized a mixing zone.
(3) Mixing zone determinations shall consider critical discharge conditions.
(4) No mixing zone shall be granted unless the supporting information clearly indicates the mixing zone would not have a reasonable potential to cause a loss of sensitive or important habitat, substantially interfere with the existing or characteristic uses of the water body, result in damage to the ecosystem, or adversely affect public health as determined by the department.
(5) Water quality criteria shall not be violated outside of the boundary of a mixing zone as a result of the discharge for which the mixing zone was authorized.
(6) The size of a mixing zone and the concentrations of pollutants present shall be minimized.
(7) The maximum size of a mixing zone shall comply with the following:
(a) In rivers and streams, mixing zones, singularly or in combination with other mixing zones, shall comply with the most restrictive combination of the following (this size limitation may be applied to estuaries having flow characteristics that resemble rivers):
(i) Not extend in a downstream direction for a distance from the discharge port(s) greater than three hundred feet plus the depth of water over the discharge port(s), or extend upstream for a distance of over one hundred feet;
(ii) Not utilize greater than twenty-five percent of the flow; and
(iii) Not occupy greater than twenty-five percent of the width of the water body.
(b) In estuaries, mixing zones, singularly or in combination with other mixing zones, shall:
(i) Not extend in any horizontal direction from the discharge port(s) for a distance greater than two hundred feet plus the depth of water over the discharge port(s) as measured during mean lower low water; and
(ii) Not occupy greater than twenty-five percent of the width of the water body as measured during mean lower low water. For the purpose of this section, areas to the east of a line from Green Point (Fidalgo Island) to Lawrence Point (Orcas Island) are considered estuarine, as are all of the Strait of Georgia and the San Juan Islands north of Orcas Island. To the east of Deception Pass, and to the south and east of Admiralty Head, and south of Point Wilson on the Quimper Peninsula, is Puget Sound proper, which is considered to be entirely estuarine. All waters existing within bays from Point Wilson westward to Cape Flattery and south to the North Jetty of the Columbia River shall also be categorized as estuarine.
(c) In oceanic waters, mixing zones, singularly or in combination with other mixing zones, shall not extend in any horizontal direction from the discharge port(s) for a distance greater than three hundred feet plus the depth of water over the discharge port(s) as measured during mean lower low water. For the purpose of this section, all marine waters not classified as estuarine in (b)(ii) of this subsection shall be categorized as oceanic.
(d) In lakes, and in reservoirs having a mean detention time greater than fifteen days, mixing zones shall not be allowed unless it can be demonstrated to the satisfaction of the department that:
(i) Other siting, technological, and managerial options that would avoid the need for a lake mixing zone are not reasonably achievable;
(ii) Overriding considerations of the public interest will be served; and
(iii) All technological and managerial methods available for pollution reduction and removal that are economically achievable would be implemented prior to discharge. Such methods may include, but not be limited to, advanced waste treatment techniques.
(e) In lakes, and in reservoirs having a mean detention time greater than fifteen days, mixing zones, singularly or in combination with other mixing zones, shall comply with the most restrictive combination of the following:
(i) Not exceed ten percent of the water body volume;
(ii) Not exceed ten percent of the water body surface area (maximum radial extent of the plume regardless of whether it reaches the surface); and
(iii) Not extend beyond fifteen percent of the width of the water body.
(8) Acute criteria are based on numeric criteria and toxicity tests approved by the department, as generally guided under WAC 173-201A-240 (1) through (5), and shall be met as near to the point of discharge as practicably attainable. Compliance shall be determined by monitoring data or calibrated models approved by the department utilizing representative dilution ratios. A zone where acute criteria may be exceeded is allowed only if it can be demonstrated to the department's satisfaction the concentration of, and duration and frequency of exposure to the discharge, will not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosystem. A zone of acute criteria exceedance shall singularly or in combination with other such zones comply with the following maximum size requirements:
(a) In rivers and streams, a zone where acute criteria may be exceeded shall comply with the most restrictive combination of the following (this size limitation may also be applied to estuaries having flow characteristics resembling rivers):
(i) Not extend beyond ten percent of the distance towards the upstream and downstream boundaries of an authorized mixing zone, as measured independently from the discharge port(s);
(ii) Not utilize greater than two and one-half percent of the flow; and
(iii) Not occupy greater than twenty-five percent of the width of the water body.
(b) In oceanic and estuarine waters a zone where acute criteria may be exceeded shall not extend beyond ten percent of the distance established in subsection (7)(b) of this section as measured independently from the discharge port(s).
(9) Overlap of mixing zones.
(a) Where allowing the overlap of mixing zones would result in a combined area of water quality criteria nonattainment which does not exceed the numeric size limits established under subsection (7) of this section, the overlap may be permitted if:
(i) The separate and combined effects of the discharges can be reasonably determined; and
(ii) The combined effects would not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosystem.
(b) Where allowing the overlap of mixing zones would result in exceedance of the numeric size limits established under subsection (7) of this section, the overlap may be allowed only where:
(i) The overlap qualifies for exemption under subsections (12) and (13) of this section; and
(ii) The overlap meets the requirements established in (a) of this subsection.
(10) Stormwater:
(a) Stormwater discharge from any "point source" containing "process wastewater" as defined in 40 C.F.R. Part 122.2 shall fully conform to the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section.
(b) Stormwater discharges not described by (a) of this subsection may be granted an exemption to the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section, provided the discharger clearly demonstrates to the department's satisfaction that:
(i) All appropriate best management practices established for stormwater pollutant control have been applied to the discharge.
(ii) The proposed mixing zone shall not have a reasonable potential to result in a loss of sensitive or important habitat, substantially interfere with the existing or characteristic uses of the water body, result in damage to the ecosystem, or adversely affect public health as determined by the department; and
(iii) The proposed mixing zone shall not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosystem.
(c) All mixing zones for stormwater discharges shall be based on a volume of runoff corresponding to a design storm approved by the department. Exceedances from the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section due to precipitation events greater than the approved design storm may be allowed by the department, if it would not result in adverse impact to existing or characteristic uses of the water body or result in damage to the ecosystem, or adversely affect public health as determined by the department.
(11) Combined sewer overflows complying with the requirements of chapter 173-245 WAC, may be allowed an average once per year exemption to the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section, provided the discharge complies with subsection (4) of this section.
(12) Exceedances from the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section may be considered by the department in the following cases:
(a) For discharges existing prior to November 24, 1992, (or for proposed discharges with engineering plans formally approved by the department prior to November 24, 1992);
(b) Where altering the size configuration is expected to result in greater protection to existing and characteristic uses;
(c) Where the volume of water in the effluent is providing a greater benefit to the existing or characteristic uses of the water body due to flow augmentation than the benefit of removing the discharge, if such removal is the remaining feasible option; or
(d) Where the exceedance is clearly necessary to accommodate important economic or social development in the area in which the waters are located.
(13) Before an exceedance from the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section may be allowed under subsection (12) of this section, it must clearly be demonstrated to the department's satisfaction that:
(a) AKART appropriate to the discharge is being fully applied;
(b) All siting, technological, and managerial options which would result in full or significantly closer compliance that are economically achievable are being utilized; and
(c) The proposed mixing zone complies with subsection (4) of this section.
(14) Any exemptions granted to the size criteria under subsection (12) of this section shall be reexamined during each permit renewal period for changes in compliance capability. Any significant increase in capability to comply shall be reflected in the renewed discharge permit.
(15) The department may establish permit limits and measures of compliance for human health based criteria (based on lifetime exposure levels), independent of this section.
(16) Sediment impact zones authorized by the department pursuant to chapter 173-204 WAC, Sediment management standards, do not satisfy the requirements of this section.
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Short-term modifications.
The criteria and special conditions established in WAC 173-201A-200 through 173-201A-260, 173-201A-320, 173-201A-602 and 173-201A-612 may be modified for a specific water body on a short-term basis (e.g., actual periods of nonattainment would generally be limited to hours or days rather than weeks or months) when necessary to accommodate essential activities, respond to emergencies, or to otherwise protect the public interest, even though such activities may result in a temporary reduction of water quality conditions.
(1) A short-term modification will:
(a) Be authorized in writing by the department, and conditioned, timed, and restricted in a manner that will minimize degradation of water quality, existing uses, and designated uses;
(b) Be valid for the duration of the activity requiring modification of the criteria and special conditions in WAC 173-201A-200 through 173-201A-260, 173-201A-602 or 173-201A-612, as determined by the department;
(c) Allow degradation of water quality if the degradation does not significantly interfere with or become injurious to existing or designated water uses or cause long-term harm to the environment; and
(d) In no way lessen or remove the proponent's obligations and liabilities under other federal, state, and local rules and regulations.
(2) The department may authorize a longer duration where the activity is part of an ongoing or long-term operation and maintenance plan, integrated pest or noxious weed management plan, water body or watershed management plan, or restoration plan. Such a plan must be developed through a public involvement process consistent with the Administrative Procedure Act (chapter 34.05 RCW) and be in compliance with SEPA, chapter 43.21C RCW, in which case the standards may be modified for the duration of the plan, or for five years, whichever is less. Such long-term plans may be renewed by the department after providing for another opportunity for public and intergovernmental involvement and review.
(3) The department may allow a major watershed restoration activity that will provide greater benefits to the health of the aquatic system in the long-term (examples include removing dams or reconnecting meander channels) that, in the short term, may cause significant impacts to existing or designated uses as a result of the activities to restore the water body and environmental conditions. Authorization will be given in accordance with subsection (2) of this section.
(4) A short-term modification may be issued in writing by the director or his/her designee to an individual or entity proposing the aquatic application of pesticides, including but not limited to those used for control of federally or state listed noxious and invasive species, and excess populations of native aquatic plants, mosquitoes, burrowing shrimp, and fish, subject to the following terms and conditions:
(a) A request for a short-term modification shall be made to the department on forms supplied by the department. Such request shall be made at least thirty days prior to initiation of the proposed activity, and after the project proponent has complied with the requirements of the State Environmental Policy Act (SEPA);
(b) Appropriate public notice as determined and prescribed by the director or his/her designee shall be given, identifying the pesticide, applicator, location where the pesticide will be applied, proposed timing and method of application, and any water use restrictions specified in USEPA label provisions;
(c) The pesticide application shall be made at times so as to:
(i) Minimize public water use restrictions during weekends; and
(ii) Avoid public water use restrictions during the opening week of fishing season, Memorial Day weekend, Independence Day weekend, and Labor Day weekend;
(d) Any additional conditions as may be prescribed by the director or his/her designee.
(5) A short-term modification may be issued for the control or eradication of noxious weeds identified as such in accordance with the state noxious weed control law, chapter 17.10 RCW, and Control of spartina and purple loosestrife, chapter 17.26 RCW. Short-term modifications for noxious weed control shall be included in a water quality permit issued in accordance with RCW 90.48.445, and the following requirements:
(a) The department may issue water quality permits for noxious weed control to the Washington state department of agriculture (WSDA) for the purposes of coordinating and conducting noxious weed control activities consistent with WSDA's responsibilities under chapters 17.10 and 17.26 RCW. Coordination may include noxious weed control activities identified in a WSDA integrated noxious weed management plan and conducted by individual landowners or land managers.
(b) The department may also issue water quality permits to individual landowners or land managers for noxious weed control activities where such activities are not covered by a WSDA integrated noxious weed management plan.
[Statutory Authority: RCW 90.48.035. WSR 06-23-117 (Order 06-04), § 173-201A-410, filed 11/20/06, effective 12/21/06. Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), amended and recodified as § 173-201A-410, filed 7/1/03, effective 8/1/03. Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-110, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-110, filed 11/25/92, effective 12/26/92.]
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Variance.
(1) General provisions. Variances for individual facilities, a group of facilities, or stretches of waters may be issued for the criteria and designated uses established in WAC 173-201A-200 through 173-201A-260 and 173-201A-600 through 173-201A-612. The following conditions apply when considering issuance of a variance:
(a) A variance may be considered when the standards are expected to be attained by the end of the variance period or the attainable use cannot be reliably determined.
(b) The variance applies to specific parameters and all other applicable standards remain in effect for the water body.
(c) The modification must be consistent with the requirements of federal regulations (currently 40 C.F.R. 131.14).
(d) Reasonable progress must be made toward meeting the underlying standards during the variance period.
(e) A variance renewal may be considered if the renewal request meets the above conditions.
(2) Types of variances. Upon request or on its own initiative, the department will consider granting the following types of variances to existing water quality standards:
(a) An individual variance is a time-limited designated use and parameter-specific change to the standard(s) of the receiving water body for a specific discharger. The temporary standard(s) only apply at the point(s) of compliance for the individual facility.
(b) A multidischarger variance is a time-limited designated use and parameter-specific change to the standard(s) of any water body that receives discharges from a permitted facility defined within the scope of the multidischarger variance. Any permitted discharger that is defined within the scope of the variance may be covered under the variance that is granted by the department, provided all requirements of the variance for that discharger are met.
(c) A water body variance is a time-limited designated use and parameter-specific change to the standard(s) for a stretch of waters. Any discharger of the specific parameter that is defined within the geographic scope of the water body variance may be covered under the variance that is granted by the department, provided all requirements of the variance for that discharger are met.
(3) Requirements. Any entity initiating a variance request or applying for coverage for an individual, multidischarger, or water body variance must submit the following information to the department:
(a) The pollutant-specific criteria and designated use(s) proposed to be modified by the variance, and the proposed duration of the variance.
(b) A demonstration that attaining the water quality standard for a specific pollutant is not feasible for the requested duration of the variance based on 40 C.F.R. 131.14.
(c) An evaluation of treatment or alternative actions that were considered to meet effluent limits based on the underlying water quality criteria, and a description of why these options are not technically, economically, or otherwise feasible.
(d) Sufficient water quality data and analyses to characterize receiving and discharge water pollutant concentrations.
(e) A description and schedule of actions that the discharger(s) proposes to ensure the underlying water quality standard(s) are met or the highest attainable use is attained within the variance period. Dischargers are also required to submit a schedule for development and implementation of a pollutant minimization plan for the subject pollutant(s).
(f) If the variance is for a water body or stretch of water, the following information must also be provided to the department:
(i) The results from a pollutant source assessment that quantifies the contribution of pollution from permitted sources and nonpermitted sources;
(ii) All cost-effective and reasonable best management practices for permitted sources that address the pollutant the variance is based upon; and
(iii) Best management practices for nonpermitted sources that meet the requirements of chapter 90.48 RCW.
(g) Any additional information the department deems necessary to evaluate the application.
(4) Public review and notification. The decision to grant a variance is a formal rule making subject to a public and intergovernmental involvement process.
(a) The department will provide notice of the proposed variance and consult with Indian tribes or other states that have jurisdiction over adjacent and downstream waters of the proposed variance.
(b) The department shall maintain and make publicly available a list of dischargers that are covered under the variances that are in effect.
(5) Period during which the variance is in effect. A variance is a time-limited designated use and criterion.
(a) Each variance will be granted for the minimum time estimated to meet the underlying standard(s) or, if during the period of the variance it is determined that a designated use cannot be attained, then a use attainability analysis (WAC 173-201A-440) will be initiated.
(b) The ability to apply a variance in permits or other actions may be terminated by the department as a result of a mandatory interim review.
(c) Variances are in effect after they have been incorporated into this chapter and approved by the USEPA.
(6) Contents of a variance. At a minimum a variance adopted into rule will include the following:
(a) The time period for which the variance is applicable.
(b) The geographic area or specific waters in which the variance is applicable.
(c) A description of the permitted and unpermitted dischargers covered by the variance.
(d) Identification of required actions and a schedule, including any measurable milestones, for all pollution sources (permitted and unpermitted) subject to the variance. Dischargers are required to use adaptive management to fine-tune and update actions, schedules, and milestones in order to achieve the goals of the variance.
(e) A provision allowing the department to reopen and modify any permits and to revise BMP requirements for unpermitted dischargers as a result of the mandatory interim review of the variance (see subsection (8) of this section).
(7) Variance permit conditions. The department must establish and incorporate into NPDES permits all conditions necessary to implement and enforce an approved variance, including:
(a) Effluent limits that represent currently achieved or achievable effluent conditions, or effluent limits that are sufficient to meet the underlying water quality standard upon expiration of the variance;
(b) Monitoring and reporting requirements; and
(c) A provision allowing the department to reopen and modify the permits based on the mandatory interim review of the variance.
(8) Mandatory interim review. The department will conduct an interim review of each variance at least once every five years after the variance is adopted and approved to determine that conditions of the variance are being met and to evaluate whether the variance is still necessary.
(a) Review process for individual discharger and multidischarger variances:
(i) The review shall be coordinated with the public review process of the permit renewal if the variance is being implemented in a permit.
(ii) The review will be focused on the discharger's compliance with permit conditions that are required by the variance as well as an evaluation of whether the variance is still necessary.
(b) Review process for water body variances:
(i) Variances for stretches of waters will be reviewed in a public process conducted by the department every five years after the variance is adopted into this chapter and approved by the USEPA.
(ii) The review will evaluate whether the variance is still necessary, any new information on sources of the pollutant that indicates that reductions could be made that would allow water quality standards to be met in a shorter time frame, as well as any new information that indicates water quality improvements may require more time.
(c) A variance that applies to a permit will be shortened or terminated if the review determines that:
(i) The conditions and requirements of the variance and associated permit requirements have not been complied with unless reasons outside the control of the discharger prevented meeting any condition or requirement; or
(ii) Water quality standards could be met in a shorter time frame, based on new information submitted to the department.
[Statutory Authority: RCW 90.48.035, 90.48.605 and section 303(c) of the Federal Water Pollution Control Act (Clean Water Act), C.F.R. 40, C.F.R. 131. WSR 16-16-095 (Order 12-03), § 173-201A-420, filed 8/1/16, effective 9/1/16. Statutory Authority: RCW 90.48.035. WSR 11-09-090 (Order 10-10), § 173-201A-420, filed 4/20/11, effective 5/21/11. Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), § 173-201A-420, filed 7/1/03, effective 8/1/03.]
PDF173-201A-430
Site-specific criteria.
(1) Where the attainable condition of existing and designated uses for the water body would be fully protected using an alternative criterion, site-specific criteria may be adopted.
(a) The site-specific criterion must be consistent with the federal regulations on designating and protecting uses (currently 40 C.F.R. 131.10 and 131.11); and
(b) The decision to approve a site-specific criterion must be subject to a public involvement and intergovernmental coordination process.
(2) The site-specific analyses for the development of a new water quality criterion must be conducted in a manner that is scientifically justifiable and consistent with the assumptions and rationale in "Guidelines for Deriving National Water Quality Criteria for the Protection of Aquatic Organisms and their Uses," EPA 1985; and conducted in accordance with the procedures established in the "Water Quality Standards Handbook," EPA 1994, as revised.
(3) The decision to approve the site-specific criterion must be based on a demonstration that it will protect the existing and attainable uses of the water body.
(4) Site-specific criteria are not in effect until they have been incorporated into this chapter and approved by the USEPA.
PDF173-201A-440
Use attainability analysis.
(1) Removal of a designated use for a water body assigned in this chapter must be based on a use attainability analysis (UAA). A UAA is a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors. A use can only be removed through a UAA if it is not existing or attainable.
(2) A UAA proposing to remove a designated use on a water body must be submitted to the department in writing and include sufficient information to demonstrate that the use is neither existing nor attainable.
(3) A UAA must be consistent with the federal regulations on designating and protecting uses (currently 40 C.F.R. 131.10).
(4) Subcategories of use protection that reflect the lower physical potential of the water body for protecting designated uses must be based upon federal regulations (currently 40 C.F.R. 131.10(c)).
(5) Allowing for seasonal uses where doing so would not harm existing or designated uses occurring in that or another season must be based upon federal regulations (currently 40 C.F.R. 131.10(f)).
(6) After receiving a proposed UAA, the department will respond within sixty days of receipt with a decision on whether to proceed toward rule making.
(7) The decision to approve a UAA is subject to a public involvement and intergovernmental coordination process, including tribal consultation.
(8) The department will maintain a list of federally recognized tribes in the state of Washington. During all stages of development and review of UAA proposals, the department will provide notice and consult with representatives of the interested affected Indian tribes on a government-to-government basis, and carefully consider their recommendations.
(9) The results of a UAA are not in effect until they have been incorporated into this chapter and approved by the USEPA. Any designated uses established through the UAA process are included in WAC 173-201A-602 and 173-201A-612.
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Water quality offsets.
(1) A water quality offset occurs where a project proponent implements or finances the implementation of controls for point or nonpoint sources to reduce the levels of pollution for the purpose of creating sufficient assimilative capacity to allow new or expanded discharges. The purpose of water quality offsets is to sufficiently reduce the pollution levels of a water body so that a proponent's actions do not cause or contribute to a violation of the requirements of this chapter and so that they result in a net environmental benefit. Water quality offsets may be used to assist an entity in meeting load allocations targeted under a pollution reduction analysis (such as a total maximum daily load) as established by the department. Water quality offsets may be used to reduce the water quality effect of a discharge to levels that are unmeasurable and in compliance with the water quality antidegradation Tier II analysis (WAC 173-201A-320).
(2) Water quality offsets may be allowed by the department when all of the following conditions are met:
(a) Water quality offsets must target specific water quality parameters.
(b) The improvements in water quality associated with creating water quality offsets for any proposed new or expanded actions must be demonstrated to have occurred in advance of the proposed action.
(c) The technical basis and methodology for the water quality offsets is documented through a technical analysis of pollutant loading, and that analysis is made available for review by the department. The methodology must incorporate the uncertainties associated with any proposed point or nonpoint source controls as well as variability in effluent quality for sources, and must demonstrate that an appropriate margin of safety is included. The approach must clearly account for the attenuation of the benefits of pollution controls as the water moves to the location where the offset is needed.
(d) Point or nonpoint source pollution controls must be secured using binding legal instruments between any involved parties for the life of the project that is being offset. The proponent remains solely responsible for ensuring the success of offsetting activities for both compliance and enforcement purposes.
(e) Only the proportion of the pollution controls which occurs beyond existing requirements for those sources can be included in the offset allowance.
(f) Water quality offsets must meet antidegradation requirements in WAC 173-201A-300 through 173-201A-330 and federal antibacksliding requirements in C.F.R. 122.44(l).
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Intake credits.
(1) General provisions. The following provisions apply to the consideration of intake credits in determining reasonable potential and establishing water quality based effluent limits (WQBELs).
(a) An "intake pollutant" is the amount of a pollutant that is present in waters of the state (including groundwater except as provided in (c) of this subsection) at the time water is removed from the same body of water by the discharger or other facility supplying the discharger with intake water.
(b) An intake pollutant must be from the "same body of water" as the discharge in order to be eligible for an intake credit. An intake pollutant is considered to be from the "same body of water" as the discharge if the department finds that the intake pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee. This finding will be established if a discharger demonstrates:
(i) The background concentration of the pollutant in the receiving water (excluding any amount of the pollutant in the facility's discharge) is similar to that in the intake water; and
(ii) There is a direct hydrological connection between the intake and discharge points.
(c) An intake pollutant in groundwater partially or entirely due to human activity is not eligible for use of an intake credit.
(d) Where intake water for a facility is provided by a municipal water supply system and the supplier provides treatment of the raw water that removes an intake water pollutant, the concentration of the intake water pollutant will be determined at the point where the water enters the water supplier's distribution system.
(e) Where a facility discharges intake pollutants from multiple sources that originate from the receiving water body and from other water bodies, the department may derive an effluent limit reflecting the flow-weighted amount of each source of the pollutant provided that conditions in subsection (3) of this section are met and adequate monitoring to determine compliance can be established and is included in the permit.
(f) The department may also consider other site-specific factors relevant to the transport and fate of the pollutant to make the finding in a particular case that a pollutant would or would not have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee.
(2) Consideration of intake pollutants in reasonable potential determination.
(a) The department may determine there is no reasonable potential for the discharge of an identified intake pollutant to cause or contribute to an exceedance of a narrative or numeric water quality criterion where a discharger demonstrates that all the following conditions are met:
(i) The facility removes the intake water containing the pollutant from the same body of water into which the discharge is made;
(ii) The facility does not alter the identified intake pollutant chemically or physically in a manner that would cause adverse water quality impacts to occur that would not occur if the pollutant had not been removed from the body of water;
(iii) The timing and location of the discharge would not cause adverse water quality impacts to occur that would not occur if the identified intake pollutant had not been removed from the body of water;
(iv) The facility does not increase the identified intake pollutant concentration at the edge of the mixing zone, or at the point of discharge if a mixing zone is not allowed, as compared to the pollutant concentration in the intake water, unless the increased concentration does not cause or contribute to an excursion above an applicable water quality standard; and
(v) The facility does not contribute any additional mass of the identified intake pollutant to its wastewater.
(b) Upon a finding under (a) of this subsection that an intake pollutant in the discharge does not cause, have the reasonable potential to cause, or contribute to an exceedance of an applicable water quality standard, the department is not required to include a water quality-based effluent limit for the identified intake pollutant in the facility's permit.
(3) Consideration of intake pollutants in establishing water quality based effluent limits.
(a) This subsection applies only when the ambient background concentration of the intake pollutant does not meet the most stringent applicable water quality criterion for that pollutant;
(b) The requirements of subsection (2)(a)(i) and (iv) also apply to this subsection.
(c) A discharger may add mass of the pollutant to its waste stream if an equal or greater mass is removed prior to discharge, so there is no net addition of the pollutant in the discharge compared to the intake water.
(d) Where the conditions of this subsection are met, the department may establish effluent limits using an intake credit. The facility's permit must specify how compliance with the limits will be assessed.
PART V - IMPLEMENTATION OF STANDARDS
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Achievement considerations.
To fully achieve and maintain the foregoing water quality in the state of Washington, it is the intent of the department to apply the various implementation and enforcement authorities at its disposal, including participation in the programs of the federal Clean Water Act (33 U.S.C. 1251 et seq.) as appropriate. It is also the intent that cognizance will be taken of the need for participation in cooperative programs with other state agencies and private groups with respect to the management of related problems. The department's planned program for water pollution control will be defined and revised annually in accordance with section 106 of said federal act. Further, it shall be required that all activities which discharge wastes into waters within the state, or otherwise adversely affect the quality of said waters, be in compliance with the waste treatment and discharge provisions of state or federal law.
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Means of implementation.
(1) Permitting. The primary means to be used for controlling municipal, commercial, and industrial waste discharges shall be through the issuance of waste discharge permits, as provided for in RCW 90.48.160, 90.48.162, and 90.48.260. Waste discharge permits, whether issued pursuant to the National Pollutant Discharge Elimination System or otherwise, must be conditioned so the discharges authorized will meet the water quality standards. No waste discharge permit can be issued that causes or contributes to a violation of water quality criteria, except as provided for in this chapter.
(a) Persons discharging wastes in compliance with the terms and conditions of permits are not subject to civil and criminal penalties on the basis that the discharge violates water quality standards.
(b) Permits must be modified by the department when it is determined that the discharge causes or contributes to a violation of water quality standards. Major modification of permits is subject to review in the same manner as the originally issued permits.
(2) Miscellaneous waste discharge or water quality effect sources. The director shall, through the issuance of regulatory permits, directives, and orders, as are appropriate, control miscellaneous waste discharges and water quality effect sources not covered by subsection (1) of this section.
(3) Nonpoint source and stormwater pollution.
(a) Activities which generate nonpoint source pollution shall be conducted so as to comply with the water quality standards. The primary means to be used for requiring compliance with the standards shall be through best management practices required in waste discharge permits, rules, orders, and directives issued by the department for activities which generate nonpoint source pollution.
(b) Best management practices shall be applied so that when all appropriate combinations of individual best management practices are utilized, violation of water quality criteria shall be prevented. If a discharger is applying all best management practices appropriate or required by the department and a violation of water quality criteria occurs, the discharger shall modify existing practices or apply further water pollution control measures, selected or approved by the department, to achieve compliance with water quality criteria. Best management practices established in permits, orders, rules, or directives of the department shall be reviewed and modified, as appropriate, so as to achieve compliance with water quality criteria.
(c) Activities which contribute to nonpoint source pollution shall be conducted utilizing best management practices to prevent violation of water quality criteria. When applicable best management practices are not being implemented, the department may conclude individual activities are causing pollution in violation of RCW 90.48.080. In these situations, the department may pursue orders, directives, permits, or civil or criminal sanctions to gain compliance with the standards.
(d) Activities which cause pollution of stormwater shall be conducted so as to comply with the water quality standards. The primary means to be used for requiring compliance with the standards shall be through best management practices required in waste discharge permits, rules, orders, and directives issued by the department for activities which generate stormwater pollution. The consideration and control procedures in (b) and (c) of this subsection apply to the control of pollutants in stormwater.
(4) General allowance for compliance schedules.
(a) Permits and orders issued by the department for existing discharges may include a schedule for achieving compliance with effluent limits and water quality standards that apply to:
(i) Aquatic life uses; and
(ii) Uses other than aquatic life.
(b) Schedules of compliance shall be developed to ensure final compliance with all water quality-based effluent limits and the water quality standards as soon as possible. The department will decide whether to issue schedules of compliance on a case-by-case basis. Schedules of compliance may not be issued for new discharges. Examples of schedules of compliance that may be issued include:
(i) Construction of necessary treatment capability;
(ii) Implementation of necessary best management practices;
(iii) Implementation of additional stormwater best management practices for discharges determined not to meet water quality standards following implementation of an initial set of best management practices; and
(iv) Completion of necessary water quality studies related to implementation of permit requirements to meet effluent limits.
(c) For the period of time during which compliance with water quality standards is deferred, interim effluent limits shall be formally established, based on the best professional judgment of the department. Interim effluent limits may be numeric or nonnumeric (e.g., construction of necessary facilities by a specified date as contained in an order or permit), or both.
(d) Prior to establishing a schedule of compliance, the department shall require the discharger to evaluate the possibility of achieving water quality standards via nonconstruction changes (e.g., facility operation, pollution prevention). Schedules of compliance shall require compliance with the specified requirements as soon as possible. Compliance schedules shall generally not exceed the term of any permit unless the department determines that a longer time period is needed to come into compliance with the applicable water quality standards.
(e) When an approved total maximum daily load has established waste load allocations for permitted dischargers, the department may authorize a compliance schedule longer than ten years if:
(i) The permittee is not able to meet its waste load allocation in the TMDL solely by controlling and treating its own effluent;
(ii) The permittee has made significant progress to reduce pollutant loading during the term of the permit;
(iii) The permittee is meeting all of its requirements under the TMDL as soon as possible; and
(iv) Actions specified in the compliance schedule are sufficient to achieve water quality standards as soon as possible.
(5) Compliance schedules for dams:
(a) All dams in the state of Washington must comply with the provisions of this chapter.
(b) For dams that cause or contribute to a violation of the water quality standards, the dam owner must develop a water quality attainment plan that provides a detailed strategy for achieving compliance. The plan must include:
(i) A compliance schedule that does not exceed ten years;
(ii) Identification of all reasonable and feasible improvements that could be used to meet standards, or if meeting the standards is not attainable, then to achieve the highest attainable level of improvement;
(iii) Any department-approved gas abatement plan as described in WAC 173-201A-200 (1)(f)(ii);
(iv) Analytical methods that will be used to evaluate all reasonable and feasible improvements;
(v) Water quality monitoring, which will be used by the department to track the progress in achieving compliance with the state water quality standards; and
(vi) Benchmarks and reporting sufficient for the department to track the applicant's progress toward implementing the plan within the designated time period.
(c) The plan must ensure compliance with all applicable water quality criteria, as well as any other requirements established by the department (such as through a total maximum daily load, or TMDL, analysis).
(d) If the department is acting on an application for a water quality certification, the approved water quality attainment plan may be used by the department in its determination that there is reasonable assurance that the dam will not cause or contribute to a violation of the water quality standards.
(e) When evaluating compliance with the plan, the department will allow the use of models and engineering estimates to approximate design success in meeting the standards.
(f) If reasonable progress toward implementing the plan is not occurring in accordance with the designated time frame, the department may declare the project in violation of the water quality standards and any associated water quality certification.
(g) If an applicable water quality standard is not met by the end of the time provided in the attainment plan, or after completion of all reasonable and feasible improvements, the owner must take the following steps:
(i) Evaluate any new reasonable and feasible technologies that have been developed (such as new operational or structural modifications) to achieve compliance with the standards, and develop a new compliance schedule to evaluate and incorporate the new technology;
(ii) After this evaluation, if no new reasonable and feasible improvements have been identified, then propose an alternative to achieve compliance with the standards, such as site specific criteria (WAC 173-201A-430), a use attainability analysis (WAC 173-201A-440), or a water quality offset (WAC 173-201A-450).
(h) New dams, and any modifications to existing facilities that do not comply with a gas abatement or other pollution control plan established to meet criteria for the water body, must comply with the water quality standards at the time of project completion.
(i) Structural changes made as a part of a department approved gas abatement plan to aid fish passage, described in WAC 173-201A-200 (1)(f)(ii), may result in system performance limitations in meeting water quality criteria for that parameter at other times of the year.
(6) Combined sewer overflow treatment plant. The influent to these facilities is highly variable in frequency, volume, duration, and pollutant concentration. The primary means to be used for requiring compliance with the human health criteria shall be through the application of narrative limitations which include, but are not limited to, best management practices required in waste discharge permits, rules, orders and directives issued by the department.
[Statutory Authority: RCW 90.48.035, 90.48.605 and section 303(c) of the Federal Water Pollution Control Act (Clean Water Act), C.F.R. 40, C.F.R. 131. WSR 16-16-095 (Order 12-03), § 173-201A-510, filed 8/1/16, effective 9/1/16. Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), amended and recodified as § 173-201A-510, filed 7/1/03, effective 8/1/03. Statutory Authority: Chapter 90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-160, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-160, filed 11/25/92, effective 12/26/92.]
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Monitoring and compliance.
A continuing surveillance program, to ascertain whether the regulations, waste disposal permits, orders, and directives promulgated and/or issued by the department are being complied with, will be conducted by the department staff as follows:
(1) Inspecting treatment and control facilities.
(2) Monitoring and reporting waste discharge characteristics.
(3) Monitoring receiving water quality.
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Enforcement.
To insure that the provisions of chapter 90.48 RCW, the standards for water quality promulgated herein, the terms of waste disposal permits, and other orders and directives of the department are fully complied with, the following enforcement tools will be relied upon by the department, in cooperation with the attorney general as it deems appropriate:
(1) Issuance of notices of violation and regulatory orders as provided for in RCW 90.48.120.
(2) Initiation of actions requesting injunctive or other appropriate relief in the various courts of the state as provided for in RCW 90.48.037.
(3) Levying of civil penalties as provided for in RCW 90.48.144.
(4) Initiation of a criminal proceeding by the appropriate county prosecutor as provided for in RCW 90.48.140.
(5) Issuance of regulatory orders or directives as provided for in RCW 90.48.240.
PART VI - USE DESIGNATIONS FOR WATERS OF THE STATE
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Use designations—Fresh waters.
(1) All surface waters of the state not named in Table 602 are to be protected for the designated uses of: Salmonid spawning, rearing, and migration; primary contact recreation; domestic, industrial, and agricultural water supply; stock watering; wildlife habitat; harvesting; commerce and navigation; boating; and aesthetic values.
(a) Additionally, the following waters are also to be protected for the designated use of core summer salmonid habitat:
(i) All surface waters lying within national parks, national forests, and/or wilderness areas;
(ii) All lakes and all feeder streams to lakes (reservoirs with a mean detention time greater than fifteen days are to be treated as a lake for use designation);
(iii) All surface waters that are tributaries to waters designated core summer salmonid habitat; and
(iv) All fresh surface waters that are tributaries to extraordinary aquatic life marine waters (WAC 173-201A-610 through 173-201A-612).
(2) The water quality standards for surface waters for the state of Washington do not apply to segments of waters that are on Indian reservations, except for surface waters overlying fee lands on the Puyallup reservation consistent with the Puyallup Tribe Land Claims Settlement of 1989.
(3) Aquatic life uses are designated based on the presence of, or the intent to provide, protection for the key uses identified in Table 600. It is required that all indigenous fish and nonfish aquatic species be protected in waters of the state in addition to the key species described below.
Table 600 (Key to Table 602)
Abbreviation | General Description |
Aquatic Life Uses: | (see WAC 173-201A-200(1)) |
Char Spawning/Rearing | Char spawning and rearing. The key identifying characteristics of this use are spawning or early juvenile rearing by native char (bull trout and Dolly Varden), or use by other aquatic species similarly dependent on such cold water. Other common characteristic aquatic life uses for waters in this category include summer foraging and migration of native char; and spawning, rearing, and migration by other salmonid species. |
Core Summer Habitat | Core summer salmonid habitat. The key identifying characteristics of this use are summer (June 15 - September 15) salmonid spawning or emergence, or adult holding; use as important summer rearing habitat by one or more salmonids; or foraging by adult and subadult native char. Other common characteristic aquatic life uses for waters in this category include spawning outside of the summer season, rearing, and migration by salmonids. |
Spawning/Rearing | Salmonid spawning, rearing, and migration. The key identifying characteristic of this use is salmon or trout spawning and emergence that only occurs outside of the summer season (September 16 - June 14). Other common characteristic aquatic life uses for waters in this category include rearing and migration by salmonids. |
Rearing/Migration Only | Salmonid rearing and migration only. The key identifying characteristic of this use is use only for rearing or migration by salmonids (not used for spawning). |
Redband Trout | Nonanadromous interior redband trout. For the protection of waters where the only trout species is a nonanadromous form of self-reproducing interior redband trout (O. mykis), and other associated aquatic life. |
Warm Water Species | Indigenous warm water species. For the protection of waters where the dominant species under natural conditions would be temperature tolerant indigenous nonsalmonid species. Examples include dace, redside shiner, chiselmouth, sucker, and northern pikeminnow. |
Recreational Uses: | (see WAC 173-201A-200(2)) |
Primary Contact | Primary contact recreation. |
Water Supply Uses: | (see WAC 173-201A-200(3)) |
Domestic Water | Domestic water supply. |
Industrial Water | Industrial water supply. |
Agricultural Water | Agricultural water supply. |
Stock Water | Stock watering. |
Miscellaneous Uses: | (see WAC 173-201A-200(4)) |
Wildlife Habitat | Wildlife habitat. |
Harvesting | Fish harvesting. |
Commerce/Navigation | Commerce and navigation. |
Boating | Boating. |
Aesthetics | Aesthetic values. |
[Statutory Authority: RCW 90.48.035 and 40 C.F.R. 131.20. WSR 19-04-007 (Order 16-07), § 173-201A-600, filed 1/23/19, effective 2/23/19. Statutory Authority: RCW 90.48.035. WSR 11-09-090 (Order 10-10), § 173-201A-600, filed 4/20/11, effective 5/21/11; WSR 06-23-117 (Order 06-04), § 173-201A-600, filed 11/20/06, effective 12/21/06. Statutory Authority: Chapters 90.48 and 90.54 RCW. WSR 03-14-129 (Order 02-14), § 173-201A-600, filed 7/1/03, effective 8/1/03.]
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Table 602—Use designations for fresh waters by water resource inventory area (WRIA).
(1) Table 602 lists uses for fresh waters. All surface waters of the state have designated uses assigned to them for protection under this chapter. Table 602 lists use designations for specific fresh waters. Fresh waters not assigned designated uses in Table 602 have their designated uses assigned in accordance with WAC 173-201A-600 and 173-201A-260(3). In Table 602, the Columbia River is listed first, followed by other water bodies listed by WRIA. Only the uses with the most stringent criteria are listed. The criteria notes in Table 602 take precedence over the criteria in WAC 173-201A-200 for same parameter.
(2) Table 602 is necessary to determine and fully comply with the requirements of this chapter. If you are viewing a paper copy of the rule from the office of the code reviser or are using their website, Table 602 may be missing (it will instead say "place illustration here"). In this situation, you may view Table 602 at the department of ecology's website at www.ecology.wa.gov, or request a paper copy of the rule with Table 602 from the department of ecology or the office of the code reviser.
(3) The department has identified waterbodies, or portions thereof, in Table 602 use designations which have additional requirements for supplemental spawning and incubation protection for salmonid species. See WAC 173-201A-200 (1)(c)(iv) for more information.
(4) The coordinates listed in Table 602 are defined in the North American 1983 Datum High Accuracy Reference Network (NAD83 HARN).
Illustration 1: Water Resources Inventory Area Map
Key: | |||
1. Nooksack | 21. Queets/Quinault | 41. Lower Crab | 61. Upper Lake Roosevelt |
2. San Juan | 22. Lower Chehalis | 42. Grand Coulee | 62. Pend Oreille |
3. Lower Skagit/Samish | 23. Upper Chehalis | 43. Upper Crab/Wilson | |
4. Upper Skagit | 24. Willapa | 44. Moses Coulee | |
5. Stillaguamish | 25. Grays/Elochoman | 45. Wenatchee | |
6. Island | 26. Cowlitz | 46. Entiat | |
7. Snohomish | 27. Lewis | 47. Chelan | |
8. Cedar/Sammamish | 28. Salmon/Washougal | 48. Methow | |
9. Duwamish/Green | 29. Wind/White Salmon | 49. Okanogan | |
10. Puyallup/White | 30. Klickitat | 50. Foster | |
11. Nisqually | 31. Rock/Glade | 51. Nespelem | |
12. Chambers/Clover | 32. Walla | 52. Sandpile | |
13. Deschutes | 33. Lower Snake | 53. Lower Lake Roosevelt | |
14. Kennedy/Goldsborough | 34. Palouse | 54. Lower Spokane | |
15. Kitsap | 35. Middle Snake | 55. Little Spokane | |
16. Skokomish/ Dosewallips | 36. Esquatzel Coulee | 56. Hangman | |
17. Quilcene/Snow | 37. Lower Yakima | 57. Middle Spokane | |
18. Elwha/Dungeness | 38. Naches | 58. Middle Lake Roosevelt | |
19. Lyre/Hoko | 39. Upper Yakima | 59. Colville | |
20. Soleduck/Hoh | 40. Alkaki/Squilchuck | 60. Kettle |
Table 602: Columbia River | Aquatic Life Uses | Recreation Uses | Water Supply Uses | Misc. Uses | Additional info for waterbody |
Columbia River: From mouth (latitude 46.2502, longitude -124.0829) to the Washington-Oregon border (latitude 46.0002, longitude -118.9809).1 | Spawning/Rearing | Primary Contact | All | All | - |
Columbia River: From Washington-Oregon border (latitude 46.0002, longitude -118.9809) to Grand Coulee Dam (latitude 47.957, longitude -118.9825).2,3 | Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Columbia River: From Grand Coulee Dam (latitude 47.957, longitude -118.9825) to Canadian border (latitude 49.007, longitude -117.6313). | Core Summer Habitat | Primary Contact | All | All | - |
Notes for Columbia River: | ||
1. | Temperature shall not exceed a 1-day maximum (1-DMax) of 20.0°C due to human activities. When natural conditions exceed a 1-DMax of 20.0°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C; nor shall such temperature increases, at any time, exceed 0.3°C due to any single source or 1.1°C due to all such activities combined. Dissolved oxygen shall exceed 90 percent of saturation. Special condition - Special fish passage exemption as described in WAC 173-201A-200 (1)(f). | |
2. | From Washington-Oregon border (latitude 46.0002, longitude -118.9809) to Priest Rapids Dam (latitude 46.6443, longitude -119.9103). Temperature shall not exceed a 1-DMax of 20.0°C due to human activities. When natural conditions exceed a 1-DMax of 20.0°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9). | |
3. | From Washington-Oregon border (latitude 46.0002, longitude -118.9809) to Grand Coulee Dam (latitude 47.957, longitude -118.9825). Special condition - Special fish passage exemption as described in WAC 173-201A-200 (1)(f). | |
4. | This WRIA contains waters requiring supplemental spawning and incubation protection for salmonid species per WAC 173-201A-200 (1)(c)(iv). See ecology publication 06-10-038 for further information. |
Table 602: WRIA 1 - Nooksack | Aquatic Life Uses | Recreation Uses | Water Supply Uses | Misc. Uses | Additional info for waterbody |
Bertrand Creek: Upstream from the mouth (latitude 48.9121, longitude -122.5352) to Canadian border. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Breckenridge Creek: Upstream from the mouth (latitude 48.9267, longitude -122.3129), including tributaries. | Core Summer Habitat | Primary Contact | All | All | - |
Chilliwack River and Little Chilliwack River: All waters above the confluence (latitude 48.9929, longitude -121.4086), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Chuckanut Creek: Upstream from the mouth (latitude 48.7002, longitude -122.4949) to headwaters. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Colony Creek: Upstream from the mouth (latitude 48.5966, longitude -122.4193) to headwaters, including tributaries. | Core Summer Habitat | Primary Contact | All | All | - |
Dakota Creek: Upstream from the mouth (latitude 48.9721, longitude -122.7291), including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Dale Creek: Upstream from the mouth (latitude 48.8938, longitude -122.3023). | Core Summer Habitat | Primary Contact | All | All | - |
Deer Creek (tributary to Barrett Lake): Upstream from the mouth (latitude 48.8471, longitude -122.5615), including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Depot Creek: Upstream from the mouth (latitude 49.0296, longitude -121.4021), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Fishtrap Creek: Upstream from the mouth (latitude 48.912, longitude -122.5229) to Canadian border. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Hutchinson Creek: Upstream from the mouth (latitude 48.7078, longitude -122.1812), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Johnson Creek's unnamed tributary: Upstream from the mouth (latitude 48.978, longitude -122.3223) just north of Pangborn Road. | Core Summer Habitat | Primary Contact | All | All | - |
Nooksack River mainstem: Upstream from the mouth to the confluence with Anderson Creek (latitude 48.8646, longitude -122.3157). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Nooksack River: Upstream from, and including, Anderson Creek (latitude 48.8646, longitude -122.3157) to the confluence with South Fork (latitude 48.8094, longitude -122.2039) except where otherwise designated char, including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Nooksack River, North Fork: Upstream from the confluence with South Fork (latitude 48.8094, longitude -122.2039) upstream to the confluence with Maple Creek (latitude 48.9119, longitude -122.0792), including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Nooksack River, North Fork: Upstream from and including Maple Creek (latitude 48.9119, longitude -122.0792), including all tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Nooksack River, Middle Fork: Upstream from the confluence with mainstem (latitude 48.8341, longitude -122.1549) to headwaters, including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Nooksack River, South Fork: Upstream from the mouth (latitude 48.8075, longitude -122.2024) to Skookum Creek (latitude 48.6701, longitude -122.1417). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Nooksack River, South Fork: Upstream from Skookum Creek (latitude 48.6701, longitude -122.1417) to Fobes Creek (latitude 48.6237, longitude -122.1123). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Nooksack River, South Fork: Upstream from the confluence with Fobes Creek (latitude 48.6237, longitude -122.1123), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Padden Creek: Upstream from the mouth (latitude 48.7202, longitude -122.5073) to headwaters, including tributaries. | Core Summer Habitat | Primary Contact | All | All | - |
Pepin Creek: From the mouth (latitude 48.9417, longitude -122.4748) to Canadian border (latitude 49.0023, longitude -122.4738). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Saar Creek: From the mouth (latitude 48.9818, longitude -122.2386) to headwaters. | Core Summer Habitat | Primary Contact | All | All | - |
Silesia Creek: South of Canadian border (latitude 48.9985, longitude -121.6125), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Skookum Creek: Upstream from the mouth (latitude 48.6702, longitude -122.1417), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Squaw Creek: Upstream from the mouth (latitude 48.969, longitude -122.3291). | Core Summer Habitat | Primary Contact | All | All | - |
Squalicum Creek's unnamed tributary: Upstream from latitude 48.7862, longitude -122.4864 to headwaters. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Stickney Creek (Slough) and Kamm Ditch: Upstream from the confluence with mainstem Nooksack River (latitude 48.938, longitude -122.441) to headwaters. | Core Summer Habitat | Primary Contact | All | All | - |
Sumas River: From the Canadian border (latitude 49.0024, longitude -122.2324) to headwaters (latitude 48.888, longitude -122.3087) except where designated otherwise. | Spawning /Rearing | Primary Contact | All | All | - |
Tenmile Creek: Upstream from the mouth (latitude 48.8559, longitude -122.5771) to Barrett Lake (latitude 48.8513, longitude -122.5718). | Core Summer Habitat | Primary Contact | All | All | - |
Tomyhoi Creek: From the Canadian border (latitude 48.9991, longitude -121.7318) to headwaters. | Char Spawning/Rearing | Primary Contact | All | All | - |
Whatcom Creek: Upstream from the mouth (latitude 48.7549, longitude -122.4824) to outlet of Lake Whatcom (latitude 48.7575, longitude -122.4226), including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Note for WRIA 1: | ||
1. | This WRIA contains waters requiring supplemental spawning and incubation protection for salmonid species per WAC 173-201A-200 (1)(c)(iv). See ecology publication 06-10-038 for further information. |
Table 602: WRIA 2 - San Juan | Aquatic Life Uses | Recreation Uses | Water Supply Uses | Misc. Uses | Additional info for waterbody |
There are no specific waterbody entries for this WRIA. | - | - | - | - | - |
Table 602: WRIA 3 - Lower Skagit-Samish | Aquatic Life Uses | Recreation Uses | Water Supply Uses | Misc. Uses | Additional info for waterbody |
Fisher and Carpenter creeks: Upstream from the mouth (latitude 48.3222, longitude -122.3363), including tributaries. | Core Summer Habitat | Primary Contact | All | All | - |
Hansen Creek: Upstream from the mouth (latitude 48.4902, longitude -122.2086), including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Nookachamps Creek: Upstream from the mouth (latitude 48.4709, longitude -122.2954) except where designated char, including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Nookachamps Creek, East Fork, and unnamed creek: Upstream from the confluence (latitude 48.4091, longitude -122.1702), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Samish River: Upstream from latitude 48.547, longitude -122.3373, including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Skagit River mainstem: Upstream from the mouth to Skiyou Slough-lower end (latitude 48.4974, longitude -122.1811). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Skagit River, all tributaries to the mainstem: Upstream from the mouth to Skiyou Slough-lower end (latitude 48.4974, longitude -122.1811); except where designated otherwise. | Spawning /Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Skagit River: Upstream Skiyou Slough-lower end (latitude 48.4974, longitude -122.1811) to the boundary of WRIA 3 and 4 (latitude 48.5106, longitude -121.8973), except the other waters listed for this WRIA, including tributaries.1 | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Walker Creek and unnamed creek: Upstream of the confluence (latitude 48.3808, longitude -122.164), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Notes for WRIA 3: | ||
1. | Skagit River (Gorge bypass reach) from Gorge Dam (latitude 48.6978, longitude -121.2082) to Gorge Powerhouse (latitude 48.677, longitude -121.2422). Temperature shall not exceed a 1-DMax of 21°C due to human activities. When natural conditions exceed a 1-DMax of 21°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time, exceed t = 34/(T + 9). | |
2. | This WRIA contains waters requiring supplemental spawning and incubation protection for salmonid species per WAC 173-201A-200 (1)(c)(iv). See ecology publication 06-10-038 for further information. |
Table 602: WRIA 4 - Upper Skagit | Aquatic Life Uses | Recreation Uses | Water Supply Uses | Misc. Uses | Additional info for waterbody |
Bacon Creek: Upstream from the mouth (latitude 48.5858, longitude -121.3934), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Baker Lake: From dam (latitude 48.649, longitude -121.6906), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Bear Creek and the unnamed outlet creek of Blue Lake: Upstream of the confluence (latitude 48.6204, longitude -121.7488), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Big Beaver Creek: Upstream from the mouth (latitude 48.7747, longitude -121.065), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Big Creek: Upstream from the mouth (latitude 48.3457, longitude -121.451), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Buck Creek: Upstream from the mouth (latitude 48.2635, longitude -121.3374), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Cascade River and Boulder Creek: All waters above the confluence (latitude 48.5177, longitude -121.3643), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv); |
Circle Creek: Upstream from the mouth (latitude 48.2593, longitude -121.339), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Clear Creek: Upstream from the mouth (latitude 48.2191, longitude -121.5684), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Diobsud Creek and unnamed tributary: All waters above the confluence (latitude 48.5846, longitude -121.4422), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Goodell Creek: Upstream from the mouth (latitude 48.6725, longitude -121.2649), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Hozomeen Creek: Upstream from the mouth (latitude 48.9869, longitude -121.0717), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Illabot Creek: Upstream from the mouth (latitude 48.49597, longitude -121.53164), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Jordan Creek: Upstream from the mouth (latitude 48.5228, longitude -121.4229), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Lightning Creek: Upstream from the mouth, including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Little Beaver Creek: Upstream from the mouth (latitude 48.9162, longitude -121.0825), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Murphy Creek: Upstream from the mouth (latitude 48.191, longitude -121.5157), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Newhalem Creek: Upstream from the mouth (latitude 48.6714, longitude -121.2561), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Rocky Creek: Upstream from the mouth (latitude 48.6461, longitude -121.702), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Ruby Creek: Upstream from the mouth (latitude 48.7125, longitude -120.9868), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Sauk River and Dutch Creek: All waters above the confluence (latitude 48.1812, longitude -121.488), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Silver Creek: Upstream from the mouth (latitude 48.9702, longitude -121.1039), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Skagit River: Upstream from latitude 48.5106, longitude -121.8973, including tributaries, except where listed otherwise for this WRIA.1 | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Stetattle Creek: Upstream from the mouth (latitude 48.7172, longitude -121.1498), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Straight Creek: Upstream from the mouth (latitude 48.2719, longitude -121.4004), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Suiattle River: Above the confluence with Harriet Creek (latitude 48.2507, longitude -121.3018), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Sulphur Creek: Upstream of the mouth (latitude 48.6482, longitude -121.6997), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Tenas Creek: Upstream of the mouth (latitude 48.3236, longitude -121.4395), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Thunder Creek: Upstream of Lake Shannon (latitude 48.5978, longitude -121.7138), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Thunder Creek: Upstream of Diablo Lake (latitude 48.69469, longitude -121.09830), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
White Chuck River: Upstream of the mouth (latitude 48.1729, longitude -121.4723), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Notes for WRIA 4: | ||
1. | Skagit River (Gorge bypass reach) from the Gorge Dam (river mile 96.6) to the Gorge Powerhouse (river mile 94.2). Temperature shall not exceed a 1-DMax of 21°C due to human action. When natural conditions exceed a 1-DMax of 21°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C, nor shall such temperature increases, at any time, exceed t = 34/(T + 9). | |
2. | This WRIA contains waters requiring supplemental spawning and incubation protection for salmonid species per WAC 173-201A-200 (1)(c)(iv). See ecology publication 06-10-038 for further information. |
Table 602: WRIA 5 - Stillaguamish | Aquatic Life Uses | Recreation Uses | Water Supply Uses | Misc. Uses | Additional info for waterbody |
Brooks Creek and unnamed tributary: Upstream of the confluence (latitude 48.296, longitude -121.905), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Canyon Creek: Upstream of the confluence with unnamed tributary (latitude 48.1245, longitude -121.8892) to headwaters, including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Canyon Creek's unnamed tributaries: Upstream from latitude 48.1516, longitude -121.9677. | Char Spawning/Rearing | Primary Contact | All | All | - |
Unnamed tributaries: Upstream from the mouth of tributary (latitude 48.1463, longitude -121.9653) of unnamed tributary of Canyon Creek (latitude 48.12145, longitude -121.94482). | Char Spawning/Rearing | Primary Contact | All | All | - |
Crane Creek and unnamed tributary: Upstream of the confluence (latitude 48.3298, longitude -121.1005), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Crane Creek's unnamed tributaries: Upstream of the confluence (latitude 48.3324, longitude -122.1059), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Cub Creek and unnamed tributary: Upstream of the confluence (latitude 48.1677, longitude -121.9428), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Deer Creek (on N.F. Stillaguamish) and unnamed tributary: Upstream of the confluence (latitude 48.3194, longitude -121.9582), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Dicks Creek and unnamed outlet of Myrtle Lake: Upstream of the confluence (latitude 48.3185, longitude -121.8147), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Jim Creek and Little Jim Creek: Upstream of the confluence (latitude 48.1969, longitude -121.902), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Jorgenson Slough: Upstream from the confluence with Church Creek (latitude 48.2341, longitude -122.3235), between West Pass and Hat Slough, including tributaries. | Core Summer Habitat | Primary Contact | All | All | - |
Lake Cavanaugh and all tributaries: All waters above the outlet (latitude 48.3126, longitude -121.9803). | Char Spawning/Rearing | Primary Contact | All | All | - |
Pilchuck Creek and Bear Creek: Upstream of the confluence (latitude 48.3444, longitude -122.0691), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Pilchuck Creek's unnamed tributaries: Upstream of the confluence (latitude 48.309, longitude -122.1303), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Pilchuck Creek: Upstream from latitude 48.2395, longitude -122.2015 (above 268th St) to headwaters, including tributaries (except where designated char). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Unnamed tributary to Portage Creek: Upstream of the confluence (latitude 48.1836, longitude -122.2314), including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Stillaguamish River: Upstream from the mouth (latitude 48.2082, longitude -122.323) to confluence of north and south forks (latitude 48.2036, longitude -122.1279). | Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Stillaguamish River, North Fork: Upstream from the mouth (latitude 48.2039, longitude -122.128) to Boulder River (latitude 48.2822, longitude -121.7876), including tributaries (except where designated char). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Stillaguamish River, North Fork, and Boulder River: Upstream from the confluence (latitude 48.2822, longitude -121.7876) to Squire Creek (latitude 48.2802, longitude -121.686), and downstream of the Mt. Baker Snoqualmie National Forest, including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Stillaguamish River, North Fork, and Boulder River: Upstream from the confluence (latitude 48.2802, longitude -121.686) up to Squire Creek (latitude 48.2802, longitude -121.686) that are in or above the Mt. Baker Snoqualmie National Forest, including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Stillaguamish River, North Fork: Upstream from the confluence with Squire Creek (latitude 48.2802, longitude -121.686) to headwaters, including all tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Stillaguamish River, South Fork: Upstream from the mouth (latitude 48.2034, longitude -122.1277) to Canyon Creek (latitude 48.0972, longitude -121.9711). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Stillaguamish River, South Fork: Upstream from Canyon Creek (latitude 48.0972, longitude -121.9711) to the unnamed tributary at latitude 48.092 longitude -121.8812 (near Cranberry Creek). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Stillaguamish River, South Fork, and the unnamed tributary: Upstream of the confluence (latitude 48.092, longitude -121.8812) near Cranberry Creek, including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Note for WRIA 5: | ||
1. | This WRIA contains waters requiring supplemental spawning and incubation protection for salmonid species per WAC 173-201A-200 (1)(c)(iv). See ecology publication 06-10-038 for further information. |
Table 602: WRIA 6 - Island | Aquatic Life Uses | Recreation Uses | Water Supply Uses | Misc. Uses | Additional info for waterbody |
There are no specific waterbody entries for this WRIA. | - | - | - | - | - |
Table 602: WRIA 7 - Snohomish | Aquatic Life Uses | Recreation Uses | Water Supply Uses | Misc. Uses | Additional info for waterbody |
Cherry Creek: Upstream from the mouth (latitude 47.7684, longitude -121.9603) to headwaters, including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Cripple Creek: Upstream from the mouth (latitude 47.523, longitude -121.4728), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Kelly Creek: Upstream from the mouth (latitude 47.9849, longitude -121.5034), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Miller River, East Fork, and West Fork Miller River: Upstream of the confluence (latitude 47.675, longitude -121.3892), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
North Fork Creek and unnamed creek: Upstream of the confluence (latitude 47.7406, longitude -121.8246), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Pilchuck River: Upstream from the mouth (latitude 47.9006, longitude -122.0919) to the confluence with Boulder Creek (latitude 48.0248, longitude -121.8217). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Pilchuck River and Boulder Creek: Upstream on the confluence (latitude 48.0248, longitude -121.8217), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Pratt River: Upstream from the mouth (latitude 47.5261, longitude -121.5873), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Skykomish River: Upstream from the mouth (latitude 47.8213, longitude -122.0327) to May Creek (above Gold Bar at latitude 47.8471, longitude -121.6954), including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Skykomish River and May Creek: Upstream from the confluence above Gold Bar at latitude 47.8471, longitude -121.6954, including tributaries (except where designated char). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Skykomish River, North Fork: Upstream from below Salmon Creek at latitude 47.8790, longitude -121.4594 to headwaters, including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Skykomish River, South Fork, and Beckler River: Upstream from the confluence (latitude 47.715, longitude -121.3398), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Snohomish River: Upstream from the mouth (latitude 48.0202, longitude -122.1989) to the southern tip of Ebey Island (latitude 47.942, longitude -122.1719).1 | Spawning/Rearing | Primary Contact | All | All | - |
Snohomish River: Upstream the southern tip of Ebey Island (latitude 47.942, longitude -122.1719) to below Pilchuck Creek at (latitude 47.9005, longitude -122.0925). | Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Snohomish River: Upstream from below Pilchuck Creek (latitude 47.9005, longitude -122.0925) to the confluence with Skykomish and Snoqualmie River (latitude 47.8212, longitude -122.0331). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Snoqualmie River: Upstream from the mouth (latitude 47.8208, longitude -122.0321) to the confluence with Harris Creek (latitude 47.6772, longitude -121.9382). | Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Snoqualmie River and Harris Creek: Upstream from the confluence (latitude 47.6772, longitude -121.9382) to west boundary of Twin Falls State Park on south fork (latitude 47.4525, longitude -121.7063). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Snoqualmie River, South Fork: Upstream from the west boundary of Twin Falls State Park (latitude 47.4525, longitude -121.7063) to headwaters, including tributaries. | Core Summer Habitat | Primary Contact | All | All | - |
Snoqualmie River, North Fork: Upstream from the mouth (latitude 47.5203, longitude -121.7746) to Sunday Creek (latitude 47.6556, longitude -121.6419). | Core Summer Habitat | Primary Contact | All | All | - |
Snoqualmie River, North Fork, and Sunday Creek: Upstream of the confluence (latitude 47.6556, longitude -121.6419), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Snoqualmie River, Middle Fork: Upstream from the mouth (latitude 47.52, longitude -121.7767) to Dingford Creek at latitude 47.5156, longitude -121.4545 (except where designated char). | Core Summer Habitat | Primary Contact | All | All | - |
Snoqualmie River, Middle Fork, and Dingford Creek: Upstream of the confluence (latitude 47.5156, longitude -121.4545), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Snoqualmie River's Middle Fork's unnamed tributaries: Upstream of the mouth at latitude 47.539, longitude -121.5645. | Char Spawning/Rearing | Primary Contact | All | All | - |
Sultan River: Upstream from the mouth (latitude 47.8605, longitude -121.8206) to Chaplain Creek (latitude 47.9211, longitude -121.8033), including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Sultan River: From the confluence with Chaplain Creek (latitude 47.9211, longitude -121.8033) to headwaters, including tributaries.2 | Core Summer Habitat | Primary Contact | All | All | - |
Taylor River: Upstream from the mouth (latitude 47.5468, longitude -121.5355), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Tolt River, North Fork, and unnamed creek: Upstream from the confluence (latitude 47.718, longitude -121.7788), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Tolt River, South Fork: Upstream from the mouth (latitude 47.6957, longitude -121.8213) to the unnamed creek at latitude 47.6921, longitude -121.7408, including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Tolt River, South Fork, and unnamed creek: Upstream of the confluence (latitude 47.6921, longitude -121.7408), including tributaries.3 | Char Spawning/Rearing | Primary Contact | All | All | - |
Tolt River's South Fork's unnamed tributaries: Upstream of the mouth at latitude 47.6888, longitude -121.7869. | Char Spawning/Rearing | Primary Contact | All | All | - |
Trout Creek: Upstream from the mouth (latitude 47.8643, longitude -121.4877), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Notes for WRIA 7: | ||
1. | Fecal coliform organism levels shall both not exceed a geometric mean value of 200 colonies/100 mL and not have more than 10 percent of the samples obtained for calculating the mean value exceeding 400 colonies/100 mL. | |
2. | No waste discharge will be permitted above city of Everett Diversion Dam (latitude 47.9599, longitude -121.7962). | |
3. | No waste discharge will be permitted for the South Fork Tolt River and tributaries from latitude 47.6957, longitude -121.8213 to headwaters. | |
4. | This WRIA contains waters requiring supplemental spawning and incubation protection for salmonid species per WAC 173-201A-200 (1)(c)(iv). See ecology publication 06-10-038 for further information. |
Table 602: WRIA 8 - Cedar-Sammamish | Aquatic Life Uses | Recreation Uses | Water Supply Uses | Misc. Uses | Additional info for waterbody |
Cedar River: Upstream from the confluence with Lake Washington (latitude 47.5005, longitude -122.2159) to the Maplewood Bridge (latitude 47.4693, longitude -122.1596). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Cedar River: Upstream from the Maplewood Bridge (latitude 47.4693, longitude -122.1596) to Landsburg Dam (latitude 47.3759, longitude -121.9615), including tributaries. | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Cedar River: From Landsburg Dam (latitude 47.3759, longitude -121.9615) to Chester Morse Lake (latitude 47.4121, longitude -121.7526), including tributaries.1 | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Cedar River at Chester Morse Lake Cedar Falls Dam: All waters above the dam (latitude 47.4121, longitude -121.7526) to headwaters, including tributaries.2 | Char Spawning/Rearing | Primary Contact | All | All | - |
Holder Creek and unnamed tributary: Upstream from the confluence (latitude 47.4576, longitude -121.9505), including tributaries. | Char Spawning/Rearing | Primary Contact | All | All | - |
Issaquah Creek: Upstream from the confluence with Lake Sammamish (latitude 47.562, longitude -122.0651) to headwaters, including tributaries (except where designated char). | Core Summer Habitat | Primary Contact | All | All | 173-201A-200 (1)(c)(iv) |
Lake Washington Ship Canal: From Government Locks (latitude 47.6652, longitude -122.3973) to Lake Washington (latitude 47.6471, longitude -122.3003).3,4 | Core Summer Habitat | Primary Contact | All | All | - |
Notes for WRIA 8: | ||
1. | No waste discharge will be permitted. | |
2. | No waste discharge will be permitted. | |
3. | Salinity shall not exceed one part per thousand (1.0 ppt) at any point or depth along a line that transects the ship canal at the University Bridge (latitude 47.65284, longitude -122.32029). | |
4. | This waterbody is to be treated as a lake for purposes of applying this chapter. | |
5. | This WRIA contains waters requiring supplemental spawning and incubation protection for salmonid species per WAC 173-201A-200 (1)(c)(iv). See ecology publication 06-10-038 for further information. |
Table 602: WRIA 9 - Duwamish-Green | Aquatic Life Uses | Recreation Uses | Water Supply Uses | Misc. Uses | Additional info for waterbody |
Duwamish River: From mouth south of a line bearing 254° true from the NW corner of berth 3, terminal No. 37 to the Black River (latitude 47.4737, longitude -122.2521) (Duwamish River continues as the Green River above the Black River). | Rearing/Migration Only | Primary Contact |