WAC 463-76-052   Prohibited discharges.  (1) No discharge regulated under the act shall be made by energy facilities subject to the jurisdiction of the council unless authorized by an NPDES permit issued pursuant to these regulations.

     (2) No NPDES permit may be issued by the council:

     (a) When the conditions of the permit do not provide for compliance with the applicable requirements of the act, or regulations promulgated under the act;

     (b) When the applicant is required to obtain a state certification under section 401 of the act and 40 CFR 124.53 and that certification has not been obtained or waived;

     (c) When the imposition of conditions cannot ensure compliance with the applicable water quality requirements of Washington state;

     (d) For the discharge of any radiological, chemical or biological warfare agent or high-level radioactive waste into surface waters of the state;

     (e) For the discharge of any pollutants which the secretary of the Army acting through the chief, Corps of Engineers, finds would substantially impair anchorage and navigation in waters subject to the jurisdiction of the Corps of Engineers;

     (f) For the discharge of any pollutant to which the regional administrator has objected in writing pursuant to any right to object provided the administrator in section 402(d) of the act;

     (g) For discharge from a point source any pollutant which is in conflict with the plan or amendment thereto approved pursuant to section 208(b) of the act;

     (h) For the discharge of any pollutant subject to a toxic pollutant discharge prohibition under section 307 of the act;

     (i) For any discharge to the territorial sea, the waters of the contiguous zone, or the oceans in the following circumstances:

     (i) Before the promulgation of guidelines under section 403(c) of the act, unless the council determines permit issuance to be in the public interest;

     (ii) After promulgation of guidelines under section 403(c) of the act, when insufficient information exists to make a reasonable judgment whether the discharge complies with them;

     (j) To a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to a violation of water quality standards. The owner or operator of a new source or new discharger proposing to discharge into a water segment which does not meet applicable water quality standards or is not expected to meet those standards even after the application of effluent limitations required by sections 301 (b)(1)(A) and 301 (b)(1)(B) of the act, and for which the state has performed a pollutants load allocation for the pollutant to be discharged, must demonstrate, before the close of comment period, that:

     (i) There are sufficient remaining pollutant load allocations to allow for the discharge; and

     (ii) The existing dischargers into that segment are subject to compliance schedules designed to bring the segment into compliance with applicable water quality standards. The council may waive the submission of information by the new source or new discharger required by (j) of this subsection if the council determines that the council already has adequate information to evaluate the request. An explanation of the development of limitations to meet the criteria of this paragraph is to be included in the fact sheet;

     (k) Discharge any dangerous waste as defined in the Dangerous waste regulations, chapter 173-303 WAC, into a subsurface disposal system such as a well or drainfield.



[Statutory Authority: RCW 80.50.040 (1) and (12). 04-21-013, amended and recodified as § 463-76-052, filed 10/11/04, effective 11/11/04; Order 114, § 463-38-052, filed 2/4/77. Formerly WAC 463-16-052.]