WAC 400-12-200   Definitions.  For the purposes of this chapter, the following definitions shall apply:

     "Action plan" means a locally developed and department-approved plan which is implemented to prevent and control nonpoint pollution in a priority watershed or an early action watershed.

     "Action team" means the Puget Sound water quality action team pursuant to RCW 90.71.020.

     "Affected parties" means both those whose beneficial use of water is being impaired, or potentially impaired, by nonpoint pollution and those groups associated with the nonpoint sources of pollution identified in WAC 400-12-515(2).

     "Beneficial uses" means uses identified by water quality standards for waters of the state of Washington (chapter 173-201 WAC) as desirable uses for given classes of waters. Examples are water supplies for domestic, industrial, or agricultural purposes; fish, shellfish, and wildlife habitat; recreation; and navigation.

     "Best management practices" means agricultural, structural, and/or managerial practices that, when used singly or in combination as part of an approved site development plan or farm plan, provide minimum essential action or treatment needed to solve, prevent, or reduce site-specific water quality problems.

     "Chair" means chair of the Puget Sound water quality action team.

     "Council" means the Puget Sound council as established in RCW 90.71.030.

     "Comprehensive land use plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to Title 35 RCW, Title 35A RCW, chapters 36.70, or 36.70A RCW.

     "Consensus" means achievement of general agreement on an issue by the watershed management committee during the planning process.

     "Department" means the Washington state department of ecology.

     "Document review" means solicitation of comment from interested and affected parties on reports, proposals, or plans during various stages of development of action plans.

     "Early action watersheds" means those watersheds selected by the department for development of action plans prior to promulgation of this chapter.

     "Failed," "failing," or "failure" of an on-site sewage disposal system means failure as defined by chapter 70.118 RCW (On-site sewage disposal systems) and chapter 246-272 WAC (On-site sewage system).

     "Farm" means a property where domestic animals are kept to provide primary or supplemental income, for personal consumption, or for recreational use, or where crops are grown for resale.

     "Farm plan" also known as "farm water quality management plan" means a site-specific plan developed by a farm operator in cooperation with a resource agency (such as those developed under the "208" water quality management program with assistance of a conservation district or the soil conservation service) and approved by the conservation district board of supervisors, for managing resources to protect water quality.

     "Federal agencies" means units of the federal government having major facilities or substantial land holdings in the watershed, such as the Departments of Defense, Interior, Agriculture, or Transportation.

     "Ground water management areas" means areas designated and defined in chapter 173-100 WAC and administered by the department.

     "Implementing entity" means a federal or state agency, Indian tribe, local government, organization, or special purpose district responsible for carrying out the day-to-day activities of the applicable provisions of an action plan once it is approved by the department and, where applicable, adopted by the legislative body of the entity.

     "Lead agency" means any entity selected in accordance with WAC 400-12-400 with responsibility for coordinating the development and implementation of a watershed action plan. The lead agency must possess the financial and staff resources in order to fulfill its responsibilities under this chapter. The lead agency must be a governmental agency or division thereof with power to pass resolutions, enact ordinances, and appropriate funds for expenditure; an Indian tribe recognized as such by the federal government with territory or usual and accustomed fishing grounds within waters in or adjacent to the county; a conservation district; a metropolitan municipal corporation; or a council of governments.

     "Local government" means the city or town council, board of county commissioners, county council, special purpose district commission, metropolitan municipal corporation, council of governments, or that body assigned legislative duties by a city, county, or district charter.

     "Nonpoint pollution" means pollution, as defined by chapter 90.48 RCW, (Water pollution control) that enters any waters of the state within Puget Sound basin from any dispersed land-based or water-based activities or sources, including farm practices, storm water and erosion, on-site sewage disposal, forest practices, marinas and boats, atmospheric deposition, garbage, and other residential, commercial, and industrial sources.

     "Nonpoint pollution control programs" or "nonpoint pollution control strategy" means programs using education, technical and financial assistance, regulation, incentives or disincentives, monitoring, and/or enforcement to control, prevent, and mitigate pollution from nonpoint sources.

     "On-site sewage disposal system" means a septic tank and drainfield or alternative treatment and disposal system as defined in chapter 246-272 WAC (On-site sewage system).

     "Pesticides" means those substances intended to control pests and unwanted plants as defined in chapter 15.58 RCW, the Washington Pesticide Control Act.

     "Plan" means the 1994 Puget Sound water quality management plan, which has been approved as the comprehensive conservation management plan for Puget Sound, and subsequent revisions.

     "Planning entity" means a governmental or nongovernmental body that prepares reports, makes recommendations, and participates in developing an action plan. An agency may serve both as a planning entity and implementing entity.

     "Prevention" means application of laws, ordinances, administrative procedures, and/or land management practices or education and public involvement programs which reduce or eliminate the potential for nonpoint pollution.

     "Priority" means highest or higher in importance or rank.

     "Public hearing" means a formal public meeting to take testimony on a pending action.

     "Public meeting" means an informal public proceeding, including a workshop, that informs the public and provides an opportunity for the public to ask questions and voice opinions.

     "Public notification" means use of public information techniques to ensure that:

     • Information on decisions to be made or actions to be taken is complete and understandable;

     • A full explanation is provided on the effects of decisions or actions on the public, especially the effects on specific groups or geographic areas; and

     • The ways in which the public may influence the decision-maker and appeal the decision are explained.

     "Puget Sound" means all waters of Puget Sound south of the Admiralty Inlet including Hood Canal and Saratoga Passage; the waters north to the Canadian border, including portions of the Strait of Juan de Fuca south of the Canadian border; and all land draining into these waters as mapped by WAC 173-500-040, water resource inventory areas, number 1 through 19.

     "Regional watershed" means a large geographic region draining into a major river or body of water as identified and numbered by the state of Washington water resource inventory areas as defined in chapter 173-500 WAC.

     "Regulation" means laws, rules, or ordinances to establish legal standards or administrative procedures to control nonpoint pollution.

     Section 313 of the Clean Water Act specifies that the federal government shall be subject to and comply with all federal, state, interstate and local requirements, administrative authority and process and sanctions respecting the control and abatement of water pollution.

     Section 319 of the Clean Water Act requires states to assess and rank their waters for impacts to beneficial uses from nonpoint source pollution and to develop and implement management programs to address the ranked waters.

     "Special purpose district" means a district established pursuant to statute or ordinance in a specific geographic area to carry out specific responsibilities which affect water quality. Examples are soil and water conservation districts, port districts or on-site sewage disposal system maintenance districts.

     "Special surveys" means intensive assessments of land use and water quality designed to obtain information on specific sources or pollutants not available through routine water sampling.

     "Statewide forest practices program" means chapter 76.09 RCW, the Washington state Forest Practices Act; forest practices regulations as adopted by the state forest practices board and the department of ecology; administration of the Forest Practices Act and regulations; and implementation of the timber, fish, and wildlife agreement.

     "Subwatershed" means a geographic and hydrologic subunit of a watershed or regional watershed.

     "Technical assistance" means service provided by state, tribal, or federal agencies to assist local entities in watershed ranking and/or action plan development and implementation.

     "Timber, fish, and wildlife agreement" means a voluntary agreement which was drawn up by resource agencies, tribes, industry, and environmental groups to address forest practices on state and private lands within the state of Washington.

     "208 water quality management plans" means nonpoint source control plans prepared in accordance with Section 208 of the Federal Clean Water Act.

     "Watershed" means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the state of Washington water resource inventory areas as defined in chapter 173-500 WAC, or as defined and delineated by a watershed ranking committee through the watershed ranking process.

     "Watershed improvement projects" means those projects within ranked watersheds which are expected to enhance water and habitat quality and protect beneficial uses, and which are based upon an existing local watershed action plan or are identified as part of a proposed new watershed planning process.

     "Watershed management committee" means a local committee formed to develop an action plan in accordance with criteria set forth in this chapter and in the plan.

     "Watershed ranking committee" means a committee convened to identify and rank all of the watersheds within a county in accordance with criteria set forth in this chapter and as generally described in the plan.

     "Watershed rating criteria for nonpoint sources of pollution" means criteria developed by the United States Department of Agriculture Puget Sound Cooperative River Basin Study team to rank watersheds.

     "Water quality violation" means a violation of local, state, and/or federal water quality laws or regulations.

     "Wetlands" means areas as determined in accordance with element W 4.1.1 of the plan.

     "Work plan" means the biennial work plan prepared by the action team pursuant to RCW 90.71.050.



[Statutory Authority: 1996 c 138. 96-23-057, § 400-12-200, filed 11/19/96, effective 12/20/96. Statutory Authority: Chapter 90.70 RCW. 91-22-096, § 400-12-200, filed 11/6/91, effective 12/7/91. Statutory Authority: RCW 90.70.055 and 90.70.060. 88-06-053 (Order 88-01), § 400-12-200, filed 3/2/88.]