WAC 463-76-065: Monitoring and enforcement

Link to law: http://apps.leg.wa.gov/wac/default.aspx?cite=463-76-065
Published: 2015

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WACs > Title 463 > Chapter 463-76 > Section 463-76-065



Agency filings affecting this section

WAC 463-76-065

Monitoring and enforcement.

(1) Monitoring.
(a) Any discharge authorized by a permit may be subject to such monitoring requirements as may be reasonably required by the council, including the installation, use, and maintenance of monitoring equipment or methods (including, where appropriate, biological monitoring methods). These monitoring requirements would normally include:
(i) Flow (in gallons per day);
(ii) Pollutants (either directly or indirectly through the use of accepted correlation coefficients or equivalent measurements) which are subject to limitation, reduction, or elimination under the terms and conditions of the permit;
(iii) Pollutants which the council finds could have a significant impact on the quality of waters of the state; and
(iv) Pollutants specified by the administrator, in regulations issued pursuant to the act, as subject to monitoring.
(b) Each effluent flow or pollutant required to be monitored pursuant to (a) of this subsection shall be monitored at intervals sufficiently frequent to yield data which reasonably characterizes the nature of the discharge of the monitored effluent flow or pollutant.
Variable effluent flows and pollutant levels may be monitored at more frequent intervals than relatively constant effluent flows and pollutant levels which may be monitored at less frequent intervals.
(c) Monitoring of intake water, influent to treatment facilities, internal waste streams, and/or receiving waters may be required when determined necessary by the council to verify compliance with net discharge limitations or removal requirements, to verify that proper waste treatment or control practices are being maintained, or to determine the effects of the discharge on the surface waters of the state.
(2) Recording of monitoring activities and results. Any permit which requires monitoring of the authorized discharge shall require that:
(a) The permittee shall maintain records of all information resulting from any monitoring activities required of them in their permit;
(b) Any records of monitoring activities and results shall include for all samples:
(i) The date, exact place, and time of sampling;
(ii) The dates analyses were performed;
(iii) Who performed the analyses;
(iv) The analytical techniques/methods used; and
(v) The results of such analyses; and
(c) The permittee shall be required to retain for a minimum of three years any records of monitoring activities and results including all original strip chart recording for continuous monitoring instrumentation and calibration and maintenance records. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the council or regional administrator.
(3) Reporting of monitoring results.
(a) The permittee shall periodically report (at a frequency of not less than once per year) on the proper reporting form, the monitoring results obtained pursuant to monitoring requirements in a permit. In addition to the required reporting form, the council at its discretion may require submission of such other results as it determines to be necessary.
(b) Monitoring reports shall be signed by:
(i) In the case of corporations, by a responsible corporate officer or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge originates.
(ii) In the case of a partnership, by a general partner.
(iii) In the case of a sole proprietorship, by the proprietor.
(iv) In the case of a municipal, state or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee.
(4) Use of registered or accredited laboratories.
(a) Except as established in (b) of this subsection, monitoring data submitted to the council in accordance with this chapter shall be prepared by a laboratory accredited under the provisions of chapter 173-50 WAC. These requirements are effective and binding on all permittees under the authority of rule, regardless of whether they have been included as conditions of a permit.
(b) The following parameters need not be done by an accredited or registered lab:
(i) Flow;
(ii) Temperature;
(iii) Settleable solids;
(iv) Conductivity, except that conductivity shall be accredited if the laboratory must otherwise be registered or accredited;
(v) pH, except that pH shall be accredited if the laboratory must otherwise be registered or accredited;
(vi) Turbidity, except that turbidity shall be accredited if the laboratory must otherwise be registered or accredited; and
(vii) Parameters which are used solely for internal process control.
(5) Compliance monitoring. The council may establish an interagency contract with ecology for compliance monitoring activities of water discharges under a certification agreement which incorporates the NPDES permit. Monitoring and/or appropriate enforcement activities by ecology are authorized by WAC 463-70-060(1).
(6) Enforcement.
(a) Enforcement activities regarding the NPDES program, including the levying of civil and criminal fines pertaining to all energy facilities where the permit is issued by the council, shall be undertaken by the council, with assistance from ecology, the attorney general, or the prosecuting attorney, as appropriate.
(b) Pursuant to the provisions of RCW 80.50.150 - Enforcement of compliance penalties, the council shall take or initiate such actions to enforce the terms of any site certification agreement and the incorporated NPDES permit. The council may take any or all of the following actions:
(i) Assess or sue to recover in court such civil fines, penalties, and other civil relief as may be appropriate for the violation by any person of:
(A) Any effluent standards and limitations or water quality standards;
(B) Any permit or term or condition thereof;
(C) Any filing requirements;
(D) Any duty to permit or carry out inspection, entry, or monitoring activities; or
(E) Any rules, regulations, or orders issued by the council.
(ii) Request the prosecuting attorney to seek criminal sanctions for the violation of any permits or conditions thereof without the necessity of a prior revocation of the permit;
(iii) Request the prosecuting attorney to seek criminal sanctions for the violation by such persons of:
(A) Any effluent standards and limitations or water quality standards;
(B) Any permit or term condition thereof; or
(C) Any filing requirements.
(iv) Seek criminal sanctions against any person who knowingly makes any false statement, representation, or certification in any form or any notice or report required by the terms and conditions of any issued permit or knowingly renders inaccurate any monitoring device or method required to be maintained by the council.
(v) Enter any premises in which an effluent source is located or in which records are required to be kept under terms or conditions of a permit, and otherwise be able to investigate, inspect, or monitor any suspected violations of water quality standards, or effluent standards and limitations, or of permits or terms or conditions thereof.
[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, amended and recodified as § 463-76-065, filed 10/11/04, effective 11/11/04; Order 114, § 463-38-065, filed 2/4/77. Formerly WAC 463-16-065.]