WAC 173-204-412
Marine finfish rearing facilities. (1)
Purpose. This section sets forth the applicability of this
chapter to marine finfish rearing facilities only. This
section also identifies marine finfish rearing facility
siting, operation, closure and monitoring requirements to meet
the intent of this chapter, as applicable.
(2) Applicability. Marine finfish rearing facilities and
their associated discharges are not subject to the authority
and purpose standards of WAC 173-204-100 (3) and (7), and the
marine sediment quality standards of WAC 173-204-320 and the
sediment impact zone maximum criteria of WAC 173-204-420,
within and including the distance of one hundred feet from the
outer edge of the marine finfish rearing facility structure. Marine finfish rearing facilities are not subject to the
sediment impact zone standards of WAC 173-204-415.
(3) Sediment monitoring. Sediment quality compliance and
monitoring requirements for marine finfish rearing facilities
shall be addressed through National Pollutant Discharge
Elimination System or other permits issued by the department
for facility operation. Marine finfish rearing facilities
shall meet the following sediment quality monitoring
requirements:
(a) Any person with a new facility shall identify a
baseline sediment quality prior to facility operation for
benthic infaunal abundance, total organic carbon and grain
size in the location of the proposed operation and downcurrent
areas that may be potentially impacted by the facility
discharge;
(b) Any person with an existing operating facility shall
monitor sediment quality for total organic carbon levels and
identify the location of any sediments in the area of the
facility statistically different (t test, p≤0.05) from the
total organic carbon levels identified as facility baseline
levels or statistically different from the applicable total
organic carbon levels as identified in Table 1:
TABLE 1 - Puget Sound Reference Total Organic Carbon
Values
Silt-Clay Particles
(percent Dry Weight)
Total Organic Carbon
(percent Dry Weight)
0-20
0.5
20-50
1.7
50-80
3.2
80-100
2.6
(c) The locations and frequency of monitoring for total
organic carbon, benthic infaunal abundance and other
parameters shall be determined by the department and
identified in the applicable National Pollutant Discharge
Elimination System permit;
(d) Antibacterials. Reserved: The department shall
determine on a case-by-case basis the methods, procedure,
locations, and frequency for monitoring antibacterials
associated with the discharge from a marine finfish rearing
facility;
(e) Closure. All permitted marine finfish rearing
facilities shall monitor sediments impacted during facility
operation to document recovery of sediment quality to
background levels. The department shall determine on a
case-by-case basis the methods, procedure, locations, and
frequency for monitoring sediments after facility closure.
(4) Sediment impact zones. Marine finfish rearing
facilities and their associated discharges that are permitted
under a National Pollutant Discharge Elimination System permit
are hereby provided a sediment impact zone by rule for any
sediment quality impacts and biological effects within and
including the distance of one hundred feet from the outer edge
of the marine finfish rearing facility structure.
(a) The department may authorize an individual marine
finfish rearing facility sediment impact zone for any
sediments beyond a distance of one hundred feet from the
facility perimeter via National Pollutant Discharge
Elimination System permits or administrative actions. The
authorized sediment impact zone shall meet the benthic
infaunal abundance requirements of the sediment impact zone
maximum criteria, WAC 173-204-420 (3)(c)(iii). Marine finfish
rearing facilities that exceed the sediment quality conditions
of subsection (3)(b) of this section beyond a distance of one
hundred feet from the facility perimeter shall:
(i) Begin an enhanced sediment quality monitoring program
to include benthic infaunal abundance consistent with the
requirements of the National Pollutant Discharge Elimination
System permit. The sediment quality monitoring program shall
include a benthic infaunal abundance reference sediment sample
as required in subsection (3)(a) of this section or a benthic
infaunal abundance reference sediment sample in compliance
with WAC 173-204-200(21); and
(ii) Be consistent with the sediment source control
general considerations of WAC 173-204-400 and the sediment
quality goal and sediment impact zone applicability
requirements of WAC 173-204-410, apply for a sediment impact
zone as determined necessary by the department.
(b) Administrative orders or permits establishing
sediment impact zones for marine finfish rearing facilities
shall describe establishment, maintenance, and closure
requirements as determined necessary by the department.