WAC 463-76-055   Other terms and conditions.  In addition to the requirements of WAC 463-76-051, 463-76-052 and 463-76-053, each issued NPDES permit shall require that:

     (1) All discharges authorized by the NPDES permit shall be consistent with the terms and conditions of the permit; any facility expansions, production increases or process modifications which would result in new or increased discharges of pollutants must be reported to the council by submission of a new NPDES application or supplement thereto or, if such discharge does not violate effluent limitations specified in the NPDES permit, by submission to the council of notice of such new or increased discharges of pollutants; any discharge of any pollutant more frequent than or at a level in excess of that identified and authorized by the NPDES permit shall constitute a violation of the terms and conditions of the NPDES permit;

     (2) The permit may be modified, suspended or revoked in whole or in part during its terms for cause including, but not limited to, the following:

     (a) Violation of any term or condition of the NPDES permit;

     (b) Obtaining an NPDES permit by misrepresentation or failure to disclose fully all relevant facts;

     (c) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; and

     (d) A determination that the permitted activity endangers human health or the environment, or contributes to water quality standards violations.

     (3) The permittee shall allow the council or its authorized representative upon the presentation of credentials and at reasonable times:

     (a) To enter upon permittee's premises in which an effluent source is located or in which any records are required to be kept under terms and conditions of the NPDES permit;

     (b) To have access to and copy at reasonable cost any records required to be kept under terms and conditions of the NPDES permit;

     (c) To inspect any monitoring equipment or method required in the NPDES permit; or

     (d) To sample any discharge of pollutants.

     (4) The permittee shall at all times maintain a good working order and operate as efficiently as possible any facilities or systems of control installed by the permittee to achieve compliance with the terms and conditions of the NPDES permit.

     (5) If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under section 307(a) of the act for a toxic pollutant which is present in the permittee's discharge and such standard or prohibition is more stringent than any limitation upon such pollutant in the NPDES permit, the permittee shall comply with that toxic effluent standard or prohibition even if this permit has not yet been modified to incorporate the requirement.



[Statutory Authority: RCW 80.50.040 (1) and (12). 04-21-013, amended and recodified as § 463-76-055, filed 10/11/04, effective 11/11/04; Order 114, § 463-38-055, filed 2/4/77. Formerly WAC 463-16-055.]