WAC 173-200-100   Implementation and enforcement.  (1) The requirements of this chapter shall be met for all groundwaters to meet the requirements of this chapter at all places and at all times.

     (2) No person shall engage in any activity that violates or causes the violation of this chapter.

     (3) This chapter shall be enforced through all legal, equitable, and other methods available to the department including, but not limited to: Issuance of state waste discharge permits, other departmental permits, regulatory orders, court actions, review and approval of plans and specifications, evaluation of compliance with all known, available, and reasonable methods of prevention, control, and treatment of a waste prior to discharge, and pursuit of memoranda of understanding between the department and other regulatory agencies.

     (4) Permits issued or reissued by the department shall be conditioned in such a manner as to authorize only activities that will not cause violations of this chapter.

     (a) Any applicant for any departmental permit shall evaluate the potential impact of its proposed activity on the groundwater quality.

     (b) For reissued permits, the permit holder shall evaluate the impacts of its activities on groundwater quality, and, if necessary to achieve compliance with groundwater quality enforcement limits, determine a department approved schedule of compliance.

     (5) For permit holders in compliance with the terms and conditions of a department permit and whose activity violates this chapter, the department is electing, from among the enforcement mechanisms available to it for the enforcement of WAC 173-200-040 and 173-200-050, to precede any civil or criminal penalty with a compliance order or permit modification.

     (6) The department shall pursue memoranda of understanding with other state agencies to develop policies and rules that will require all known, available, and reasonable methods of prevention, control, and treatment to achieve compliance with this chapter. Departmental orders, memoranda of understanding, and best management practices shall be modified by the department whenever an activity authorized by such orders or BMPs or pursuant to such memoranda of understanding violates this chapter.

     (7) The department shall pursue memoranda of understanding with other state agencies, federal agencies, and tribal authorities to coordinate groundwater management activities.

     (8) For persons whose activity violates this chapter but is in compliance with best management practices adopted by rule in chapter 248-96 WAC, WAC 173-304-300(4), RCW 15.58.150 (2)(c), WAC 16-228-180(1), or 16-228-185, the department is electing, from among the enforcement mechanisms available to it for the enforcement of WAC 173-200-040 and 173-200-050, to precede any civil or criminal penalty with a compliance order.

     (9) When a distinction cannot be made among groundwater, surface water, or sediments the applicable standard shall depend on which beneficial use is or could be adversely affected. If beneficial uses of more than one resource are affected, the most restrictive standard shall apply.

     (10) The department shall give due consideration to the precision and accuracy of sampling and analytical methods used when determining compliance with this chapter.

     (11) The analytical testing methods for determining compliance with this chapter shall be approved in writing by the department prior to the performance of analyses.



[Statutory Authority: RCW 90.48.035. 90-22-023, § 173-200-100, filed 10/31/90, effective 12/1/90.]