WAC 400-12-525   Phase 2 -- Action plan nonpoint pollution control strategy.  (1) Purpose. This section guides the development of control strategies to prevent and minimize nonpoint pollution, protect beneficial uses, and achieve enhancement of water quality. Nonpoint pollution control strategies shall address the existing or potential nonpoint pollutants and sources identified by the watershed management committee as priorities. Control strategies for pollutants or sources which are not identified as priorities may be included in the action plan, but are not required.

     (2) Approach. Watershed management committees may select voluntary, educational, and/or regulatory approaches for addressing nonpoint pollution in the watershed. Educational programs must involve agencies and/or individuals with expertise in education in program development and implementation, while regulatory programs must provide adequate enforcement.

     (3) Minimum requirements. The watershed management committee shall prepare a description and analysis of nonpoint pollution control strategies for each pollutant or source category which has been designated a priority. A source control strategy would address the pollutants from each source category which has been designated as a priority. A pollutant-by-pollutant strategy still entails control of sources in order to reduce or prevent pollutant loadings, but would be across the range of sources for that pollutant. The committee shall not be limited to the approaches described in subsection (4) of this section. The rationale for choosing or not choosing the approaches described in subsection (4) of this section for each source or pollutant control strategy shall be discussed, including the feasibility, cost, likelihood of success, and likelihood of achieving the stated goals and objectives. In addition, the committee shall describe the ways in which the nonpoint pollution control strategies will achieve enhancement of water quality and protection of beneficial uses in the watershed.

     (4) Nonpoint pollution source categories. When addressing pollutants from farm practices, storm water and erosion, on-site septic systems, forest practices, marinas and boating, or other sources as applicable, the committee shall consider including the following in developing the nonpoint pollution control strategies:

     (a) Farm practices. The intent of this strategy is to control nonpoint pollution that results from farm practices, and to emphasize education and incentives to obtain voluntary action for prevention and correction, the use of best management practices implemented as part of farm water quality management plans, and special considerations for noncommercial farms. Implementation of farm plans, including best management practices that meet USDA Soil Conservation Service technical standards, is the recommended control tool for action plans. The committee shall consider including a compliance and enforcement element for those cases where voluntary action is not obtained, and shall consider including the following:

     (i) A farm inventory element that identifies all farms in the watershed, and includes information on the status of existing farm plans;

     (ii) A prevention and corrective action element which includes: Provisions for encouraging farm operators without farm plans to develop and implement farm plans and to update existing farm plans; provisions for the local conservation district and lead implementing agency to evaluate on an ongoing basis the effectiveness of farm plan implementation; and special provisions to address nonpoint pollution from noncommercial farms;

     (iii) An education element, coordinated with the conservation district and/or cooperative extension service, informing the agricultural community about nonpoint pollution from farm activities and the financial and technical assistance available to implement farm plans;

     (iv) A compliance and enforcement element which includes: Incorporation of the Agriculture Compliance Memorandum of Agreement between the department, the Conservation Commission and conservation districts; additional enforcement provisions of the § 208 water quality management plans, such as the requirement for a National Pollutant Discharge Elimination system permit when applicable; and compliance with other applicable state and local laws and rules, such as the state water quality standards, and the federal Clean Water Act; and

     (v) An exceptions element stating that any farm implementing an approved farm plan, as agreed upon by the operator and the conservation district, shall be exempt from further water quality regulation under this chapter unless there is a water quality violation pursuant to chapter 90.48 RCW (Water pollution control), chapter 90.52 RCW (Pollution Disclosure Act of 1971), or chapter 90.54 RCW (Water Resources Act of 1971) and/or degradation of water quality. In cases where a violation cannot be attributed to a specific farm or farms, the committee shall consider surveying and evaluating all pollution sources potentially contributing to the violation.

     (b) Storm water and erosion. The intent of this strategy is to correct and prevent pollution from storm water and erosion originating in urban, suburban, and urbanizing areas of the watershed through focusing on a combination of problem evaluation, public education, use of best management practices, and management of the quality and quantity of storm water runoff. This strategy does not apply to drainage and erosion control activities of farm operations or forest practices addressed pursuant to (a) and (d) of this subsection. The committee shall consider including the following:

     (i) An evaluation of existing drainage and erosion control ordinances, policies, and programs to determine their effectiveness in controlling erosion and managing storm water to enhance water quality and protect beneficial uses;

     (ii) A ranked list of the most significant storm water and erosion problems in the watershed as determined by the severity of their threat to or impacts on beneficial uses, an explanation of the criteria used to complete the ranking, and identification of needed monitoring information when existing information is not adequate to fully rank the problems;

     (iii) A prevention and corrective action element that includes applicable requirements of the Plan elements SW-1 through SW-4. If a watershed includes jurisdictions that encompass both urbanized areas as well as those not considered urbanized, as defined by the Plan, the watershed management committee, together with local government entities responsible for stormwater management, shall propose an appropriate boundary for SW-2 application based on the following criteria: Urban growth areas defined in chapter 36.70A RCW (Growth Management Act), land use designations, and other special purpose district boundaries under the urbanized designation. A watershed management committee may choose storm water management and erosion control requirements that are more stringent than those in the Plan;

     (iv) Coordination with local hazardous waste plans pursuant to chapter 70.105 RCW (Hazardous waste management); and

     (v) Compliance with the provisions of the National Flood Insurance Program, 44 C.F.R. Parts 59 and 60, and chapter 86.16 RCW, Flood plain management; consideration of and coordination with NPDES Permit Application Regulations for Stormwater Discharges 40 C.F.R. Parts 122, 123, and 124, where appropriate.

     (c) On-site sewage disposal. The intent of this strategy is to control nonpoint pollution that results from on-site sewage disposal systems and to emphasize prevention and remediation of water quality problems through education, regulation, correction of failing systems, and system maintenance. The committee shall consider including the following:

     (i) Identification of geographic areas within the watershed with potential and existing risk of system failure, divided into categories of high, moderate, and low risk of failure, with an explanation of the criteria used. High risk areas are considered to be areas where systems are failing, where soils have severe limitations for sewage treatment, where development is occurring at high densities, or where other site conditions create a potential for surface or ground water contamination when on-site systems are used;

     (ii) A prevention and corrective action element that includes: Provisions requiring adherence to chapter 246-272 WAC (On-site sewage system), particularly that failing systems be repaired or replaced; required use of alternative on-site sewage disposal systems in high risk areas, if site conditions permit the use of on-site sewage disposal; consideration of whether high risk areas would be better served, and water quality better protected, by a community or municipal sewage treatment system; provisions for an ongoing operation and maintenance program in high risk areas for existing and new systems utilizing a maintenance district or other mechanism that ensures proper functioning of systems; and in low and moderate risk areas, provisions for periodically informing users of on-site systems of the need for regular system maintenance; and

     (iii) An education element directed at owners and those who install and service on-site systems, informing them about basic principles of system siting, design, installation, operation, and maintenance; local and state health requirements; available alternative systems; and financial assistance for remedial actions.

     (d) Forest practices. The intent of this strategy is to control nonpoint pollution that results from forest practices and to emphasize coordination with forest practices and forest management programs. The committee shall consider including the following:

     (i) Identification and ranking, with an explanation of criteria used, of water quality impacts in the watershed resulting from forest practices, using in part the watershed analysis tools available from the department of natural resources, and/or the cooperative evaluation, monitoring and research steering committee with the timber/fish/wildlife agreement, categorized by type of forest practice, geographic area of impact, and land ownership, and ranked according to the severity of threat to beneficial uses and public resources;

     (ii) A coordination element that specifies how the water quality impact will be addressed, including the forest practices rule and regulations and timber/fish/wildlife agreement for state and private forest lands, and the national forest planning process for federal forest lands. Proposals for correcting water quality or fish habitat problems should be coordinated with the department of fisheries or department of wildlife;

     (iii) Provisions to ensure that the requirements of the Forest Practices Act and rules and regulations for land use conversions are implemented consistently to their fullest extent by all jurisdictions in the watershed;

     (iv) Provisions for ensuring consistency among local jurisdictions in the watershed in carrying out the forest practices provisions in WAC 222-50-020(3) relating to the Shoreline Management Act; review of proposed regulations, and proposal of new regulations, pursuant to RCW 76.09.040 and review of forest practice applications pursuant to RCW 76.09.050;

     (v) An education element coordinated with the department of natural resources that informs private landowners, especially small landowners, about the availability of technical assistance on water quality best management practices and compliance with forest practices rules and regulations, and informs watershed residents about opportunities for information and comment on forest practices in the watershed; and

     (vi) Procedures for coordinating water quality monitoring on forest lands in the watershed with state, federal and timber/fish/wildlife monitoring programs.

     (e) Marinas and boats. The intent of this strategy is to control nonpoint pollution from marinas and boats, focusing on coordinated education efforts for the boating public and marina operators to reduce pollutants from improper sewage disposal and boat maintenance. The committee shall consider including:

     (i) Provisions for coordinating with the state parks and recreation commission, the department of health, and the state agency task force and advisory committees under MB-1 of the plan; and

     (ii) An education program in coordination with element MB-4 of the plan to inform marina operators and the boating public about nonpoint pollution from boating activities, as well as the available methods to control such pollution and applicable federal, state, and local programs, including: On-board sanitation; near-shore and on-shore sewage disposal facilities; use of paints and solvents; solid waste disposal; and other practices related to the use, repair, or maintenance of boats that may contribute to water quality degradation. The boating public shall also be informed of the importance of preventing discharges in sensitive areas particularly shellfish beds and swimming areas; and

     (iii) Measures may be developed for shoreside sewage disposal facilities at marinas, regulation of waste discharges from recreational boats and liveaboards, and for the storage, use, and disposal of hazardous materials such as fuels, paints, and solvents.

     (f) Other nonpoint sources. The intent is to control other priority or potential priority sources of nonpoint pollution in the watershed, including but not limited to pesticides, landfills, mines, sand and gravel pits, septage disposal practices, and contaminated sites, as needed. The committee shall consider including the following:

     (i) A pesticides management strategy, emphasizing an education program coordinated with the cooperative extension service, conservation district, forest and farm practices strategies pursuant to this chapter, and the state department of agriculture. This will include informing users of pesticides in the watershed about the potential water quality problems associated with the improper use, storage, and disposal of pesticides, and the less toxic alternatives, including integrated pest management practices and nonpesticide substances and techniques that do not degrade water quality. The education program shall consider utilizing the Puget Sound Pest Management Information Program developed under element PS-2 of the plan, and other appropriate actions, including possible use of the Pesticide Usage Survey developed under element PS-1 of the plan. The strategy shall also consider including provisions which recognize the state preemption to regulate pesticides pursuant to chapter 16-228 WAC (Pesticide regulations), chapter 17.21 RCW (Washington Pesticide Application Act) and chapter 15.58 RCW (Washington Pesticide Control Act).

     (ii) A management strategy for addressing nonpoint pollution from landfills, mines, and sand and gravel pits shall consider including measures that local governments can incorporate into their permitting processes to minimize sedimentation, turbidity, particulates, and leachates from closed, active, and proposed landfills, mining, and excavation activities; an education program to inform those engaged in landfill and resource excavation activities about the potential water quality problems associated with these operations, existing applicable regulations, and effective methods to reduce erosion and leachates from these activities; and other appropriate actions.

     (iii) A management strategy for septage disposal practices, including coordination with the local agency administering the regulations pursuant to chapter 173-304 WAC, Minimal functional standards for solid waste handling.

     (iv) A management strategy for contaminated sites, including coordination with the plan, related federal superfund plans, and any relevant state cleanup plans.

     (v) When addressing nonpoint pollution from other nonpoint sources, strategies shall be developed by the watershed management committee.



[Statutory Authority: 1996 c 138. 96-23-057, § 400-12-525, filed 11/19/96, effective 12/20/96. Statutory Authority: Chapter 90.70 RCW. 91-22-096, § 400-12-525, filed 11/6/91, effective 12/7/91.]