WAC 173-204-590   Sediment recovery zones.  (1) The purpose of this section is to set forth the requirements for establishment and monitoring of sediment recovery zones to meet the intent of sediment quality dilution zones authorized pursuant to RCW 90.48.520. The standards of this section are applicable to cleanup action decisions made pursuant to WAC 173-204-580 where selected actions leave in place marine, low salinity, or freshwater sediments that exceed the applicable sediment quality standards of WAC 173-204-320 through 173-204-340.

     (2) General requirements. Authorization of a sediment recovery zone by the department shall require compliance with the following general requirements:

     (a) The sediment recovery zone shall be determined by application of the department's sediment recovery zone computer models "CORMIX," "PLUMES," and/or "WASP," or an alternate sediment recovery zone model(s) approved by the department under WAC 173-204-130(4) as limited by the standards of this section and the department's best professional judgment.

     (b) The department shall provide specific authorization for a sediment recovery zone within the written approval of the cleanup study report and cleanup decision required under WAC 173-204-580.

     (c) The time period during which a sediment recovery zone is authorized by the department shall be so stated in the department's written approval of the cleanup study report and cleanup decision.

     (d) The department's written sediment recovery zone authorization shall identify the legal location and landowners of property proposed as a sediment recovery zone.

     (e) Operational terms and conditions for the authorized sediment recovery zone pursuant to subsection (5) of this section shall be maintained at all times.

     (f) Where cleanup is not practicable pursuant to the analysis under WAC 173-204-570(4), sediment recovery zones may be authorized for periods in excess of ten years.

     (3) A sediment recovery zone authorization issued by the department under the authority of chapter 90.48 or 70.105D RCW, or other administrative means available to the department, does not constitute authorization to trespass on lands not owned by the applicant. These requirements do not address, and in no way alter, the legal rights, responsibilities, or liabilities of the permittee or landowner of the sediment recovery zone for any applicable requirements of proprietary, real estate, tort, and/or other laws not directly expressed as a requirement of this chapter.

     (4) Prior to authorization, the department shall make a reasonable effort to identify and notify all landowners affected by the proposed sediment recovery zone. The department shall issue a sediment recovery zone notification letter to any person it believes to be a potentially affected landowner and other parties determined appropriate by the department. The notification letter shall be sent by certified mail, return receipt requested, or by personal service. The notification letter shall provide:

     (a) The name of the person the department believes to be the affected landowner; and

     (b) The names of other affected landowners to whom the department has sent a proposed sediment recovery zone notification letter; and

     (c) The name of the sediment recovery zone applicant; and

     (d) A general description of the proposed sediment recovery zone including the chemical(s) of concern by name and concentration, and the area of affected sediment; and

     (e) The determination of the department concerning whether the proposed sediment recovery zone application meets the standards of this section; and

     (f) The intention of the department whether to authorize the proposed sediment recovery zone; and

     (g) Notification that the affected landowner may comment on the proposed sediment recovery zone. Any landowner comments shall be submitted in writing to the department within thirty days from the date of receipt of the notification letter, unless the department provides an extension.

     (5) As determined necessary by the department, operational terms and conditions for the sediment recovery zone may include completion and submittal to the department of discharge effluent and/or receiving water column and/or sediment chemical monitoring studies and/or bioassays to evaluate ongoing water quality, sediment quality, and biological conditions within and adjacent to the proposed or authorized sediment recovery zone.

     (6) The department shall review all data or studies conducted in accordance with a sediment recovery zone authorization to ensure compliance with the terms and conditions of the authorization and the standards of this section. Whenever, in the opinion of the department, the operational terms and conditions of a sediment recovery zone or the standards of this section are violated or there is a potential to violate the sediment recovery zone authorization or the standards of this section, or new information or a reexamination of existing information indicates the sediment recovery zone is no longer appropriate, the department may at its discretion:

     (a) Require additional chemical or biological monitoring as necessary;

     (b) Revise the sediment recovery zone authorization as necessary to meet the standards of this section;

     (c) Require active contaminated sediment maintenance actions including additional cleanup in accordance with the standards of WAC 173-204-500 through 173-204-580; and/or

     (d) Withdraw the department's authorization of the sediment recovery zone.



[Statutory Authority: RCW 90.48.220. 96-02-058, § 173-204-590, filed 12/29/95, effective 1/29/96. Statutory Authority: Chapters 43.21C, 70.105D, 90.48, 90.52, 90.54 and 90.70 RCW. 91-08-019 (Order 90-41), § 173-204-590, filed 3/27/91, effective 4/27/91.]