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90.50A.090 | Water pollution control revolving administration account—Creation—Report to the legislature. | (1) The water pollution control revolving administration account is created in the state treasury. All receipts from charges authorized in this section must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only in a manner consistent wit... |
90.52.005 | Environmental excellence program agreements—Effect on chapter. | Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 s 27 .]
Pu... |
90.52.010 | Annual reports required—Contents—Critical materials designated. | Every person conducting a commercial or industrial operation within this state who discharges wastes, other than sanitary sewage, into waters of the state or into any sewer system which discharges into waters of the state, and every person conducting a commercial or industrial operation within the state who discharges ... |
90.52.020 | Confidentiality as to manufacturing processes. | The department of ecology shall provide proper and adequate procedures to safeguard the confidentiality of manufacturing processes: PROVIDED, That the confidentiality shall not extend to waste products discharged into the waters or air of the state.
[ 1971 ex.s. c 160 s 2 .] |
90.52.030 | Operation subject to injunction, when—Civil penalties. | Operation of an industrial or commercial operation in violation of RCW 90.52.010 may be enjoined on petition of the attorney general to the superior court of Thurston county or of the county in which the operation is located. Operation of an industrial or commercial operation in violation of this chapter shall provide ... |
90.52.040 | Wastes to be provided with available methods of treatment prior to discharge into waters of the state. | Except as provided in RCW 90.54.020 (3)(b), in the administration of the provisions of chapter 90.48 RCW, the director of the department of ecology shall, regardless of the quality of the water of the state to which wastes are discharged or proposed for discharge, and regardless of the minimum water quality standards e... |
90.52.900 | Short title. | This act shall be known and may be cited as the Pollution Disclosure Act of 1971.
[ 1971 ex.s. c 160 s 5 .] |
90.54.005 | Findings—Objectives—2002 c 329. | The legislature recognizes the critical importance of providing and securing sufficient water to meet the needs of people, farms, and fish. The legislature finds that an effective way to meet the water needs of people, farms, and fish is through strategies developed and implemented at the local watershed level. The obj... |
90.54.010 | Purpose. | (1) The legislature finds that: (a) Proper utilization of the water resources of this state is necessary to the promotion of public health and the economic well-being of the state and the preservation of its natural resources and aesthetic values. Although water is a renewable resource, its supply and availability are ... |
90.54.020 | General declaration of fundamentals for utilization and management of waters of the state. | Utilization and management of the waters of the state shall be guided by the following general declaration of fundamentals: (1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreationa... |
90.54.030 | Water and related resources—Department to be advised—Water resources data program. | For the purpose of ensuring that the department is fully advised in relation to the performance of the water resources program provided in RCW 90.54.040 , the department is directed to become informed with regard to all phases of water and related resources of the state. To accomplish this objective the department shal... |
90.54.035 | State funding of water resource programs—Priorities. | (1) State funding of water resource, supply, and quality related capital programs, both current and future, shall, to the maximum extent possible within state or federal legal requirements, be directed to assist in the resolution of current conflicts and implementation of regional water resource plans with priority giv... |
90.54.040 | Comprehensive state water resources program—Modifying existing and adopting new regulations and statutes. | (1) The department, through the adoption of appropriate rules, is directed, as a matter of high priority to insure that the waters of the state are utilized for the best interests of the people, to develop and implement in accordance with the policies of this chapter a comprehensive state water resources program which ... |
90.54.045 | Water resource planning—Pilot process—Report to the legislature. | (1) In the development and implementation of the comprehensive state water resources program required in RCW 90.54.040 (1), the process described therein shall involve participation of appropriate state agencies, Indian tribes, local governments, and interested parties, and shall be applied on a regional basis pursuant... |
90.54.050 | Setting aside or withdrawing waters—Rules—Consultation with legislative committees—Public hearing, notice—Review. | In conjunction with the programs provided for in RCW 90.54.040 (1), whenever it appears necessary to the director in carrying out the policy of this chapter, the department may by rule adopted pursuant to chapter 34.05 RCW: (1) Reserve and set aside waters for beneficial utilization in the future, and (2) When sufficie... |
90.54.060 | Department to seek involvement of other persons and entities, means—Assistance grants. | To insure that all of the various persons and entities having an interest in the water resources of the state and the programs of the chapter are provided with a full opportunity for involvement not only with the development of the program but the implementation by the department under this chapter, the following direc... |
90.54.080 | State to vigorously represent its interests before federal agencies, interstate agencies. | The state shall vigorously represent its interest before water resource regulation, management, development, and use agencies of the United States, including among others the federal power commission, environmental protection agency, army corps of engineers, department of the interior, department of agriculture and the... |
90.54.090 | State, local governments, municipal corporations to comply with chapter. | All agencies of state and local government, including counties and municipal and public corporations, shall, whenever possible, carry out powers vested in them in manners which are consistent with the provisions of this chapter.
[ 1987 c 505 s 82 ; 1977 c 75 s 95 ; 1971 ex.s. c 225 s 10 .] |
90.54.100 | Department to evaluate needs for projects and alternative methods of financing. | The department of ecology shall as a matter of high priority evaluate the needs for water resource development projects and the alternative methods of financing of the same by public and private agencies, including financing by federal, state and local governments and combinations thereof. Such evaluations shall be bro... |
90.54.110 | Authority to secure and obtain benefits, including grants. | The department of ecology is authorized to obtain the benefits including acceptance of grants, of any program of the federal government or any other source to carry out the provisions of this chapter and is empowered to take such actions as are necessary and appropriate to secure such benefits.
[ 1971 ex.s. c 225 s 12 ... |
90.54.120 | "Department," "utilize," and "utilization" defined. | For the purposes of this chapter, unless the context is clearly to the contrary, the following definitions shall be used: (1) "Department" means department of ecology. (2) "Utilize" or "utilization" shall not only mean use of water for such long recognized consumptive or nonconsumptive beneficial purposes as domestic, ... |
90.54.130 | Land use management policy modifications—Advisory recommendations. | The department of ecology may recommend land use management policy modifications it finds appropriate for the further protection of ground and surface water resources in this state. Such advisory recommendations may be made to other state regulatory agencies, local governments, water systems, and other appropriate bodi... |
90.54.140 | Protection of groundwater aquifers if sole drinking water source. | The legislature hereby declares that the protection of groundwater aquifers which are the sole drinking water source for a given jurisdiction shall be of the uppermost priority of the state department of ecology, department of social and health services, and all local government agencies with jurisdiction over such are... |
90.54.150 | Water supply projects—Cooperation with other agencies—Scope of participation. | When feasible, the department of ecology shall cooperate with the United States and other public entities, including Indian tribes, in the planning, development, and operation of comprehensive water supply projects designed primarily to resolve controversies and conflicts over water use by increasing water quantity and... |
90.54.160 | Department to report on dam safety. | The department of ecology shall report to the legislature on the last working day of December of 1984, 1985, and 1986, and thereafter as deemed appropriate by the department, on dam facilities that exhibit safety deficiencies sufficient to pose a significant threat to the safety of life and property. The report shall i... |
90.54.170 | Electric generation facility—Evaluation of application to appropriate water. | In addition to other requirements of this chapter, when the proposed water resource development project involves a new water supply combined with an electric generation facility where such electricity generated may be sold to an entity authorized by law to distribute electricity, the department shall evaluate and utili... |
90.54.180 | Water use efficiency and conservation programs and practices. | Consistent with the fundamentals of water resource policy set forth in this chapter, state and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out water use efficiency and conservation programs and practices consistent with the following: (1) Water efficiency and con... |
90.54.191 | Streamflow restoration a priority. | The department shall prioritize the expenditure of funds and other resources for programs related to streamflow restoration in watersheds where the exercise of inchoate water rights may have a larger effect on streamflows and other water uses.
[ 2003 1st sp.s. c 5 s 10 .]
Severability — 2003 1st sp.s. c 5: See note fol... |
90.54.210 | Department shall act on water rights applications that rely on reservations of water established in WAC 173-518-080 or 173-545-090. | (1) The department shall act on all water rights applications that rely on the reservations of water established in WAC 173-518-080 or 173-545-090, as those provisions existed on March 31, 2016. The legislature declares that the reservations of water established in WAC 173-518-080 and 173-545-090, as those provisions e... |
90.54.800 | Policy guidelines. | Future development of hydropower and protection of river-related resources shall be guided by policies and programs which: (1) Create opportunities for balanced development of cost-effective and environmentally sound hydropower projects by a range of development interests; (2) Protect significant values associated with... |
90.54.900 | Certain rights, authority, not to be affected by chapter. | Nothing in this chapter shall affect any existing water rights, riparian, appropriative, or otherwise; nor shall it affect existing rights relating to the operation of any hydroelectric or water storage reservoir or related facility; nor shall it affect any exploratory work, construction or operation of a thermal power... |
90.54.910 | Short title. | This chapter shall be known and may be cited as the "Water Resources Act of 1971".
[ 1971 ex.s. c 225 s 14 .] |
90.54.920 | Rights not impaired. | (1) Nothing in this act shall affect or operate to impair any existing water rights. (2) Nothing in this act shall be used to prevent future storage options, recognizing that storage may be necessary as a method of conserving water to meet both instream and out-of-stream needs. (3) Nothing in this act shall infringe up... |
90.56.005 | Findings—Purpose. | (1) The legislature declares that waterborne transportation as a source of supply for oil and hazardous substances poses special concern for the state of Washington. Each year billions of gallons of crude oil and refined petroleum products are transported as cargo and fuel by vessels on the navigable waters of the stat... |
90.56.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational metho... |
90.56.020 | Director responsible for spill response. | Except as otherwise specifically provided in this chapter or other law, the director has the primary authority, in conformance with the statewide master oil and hazardous substance spill prevention and contingency plan adopted pursuant to RCW 90.56.060 and any applicable contingency plans prepared pursuant to this chap... |
90.56.030 | Powers and duties. | The powers, duties, and functions conferred by this chapter shall be exercised by the department of ecology and shall be deemed an essential government function in the exercise of the police power of the state. Such powers, duties, and functions of the department shall extend to all waters under the jurisdiction of the... |
90.56.040 | Authority supplemental. | This chapter grants authority to the department which is supplemental to and in no way reduces or otherwise modifies the powers granted to the department by other statutes.
[ 1991 c 200 s 105 ; 1987 c 109 s 153 ; 1969 ex.s. c 133 s 11 . Formerly RCW 90.48.365 .]
Purpose — Short title — Construction — Rules — Severabili... |
90.56.050 | Rules. | The department may adopt rules including but not limited to the following matters: (1) Procedures and methods of reporting discharges and other occurrences prohibited by this chapter; (2) Procedures, methods, means, and equipment to be used by persons subject to regulation by this chapter and such rules may prescribe t... |
90.56.060 | Statewide master oil and hazardous substance spill prevention and contingency plan—Evaluation and revision or elimination of advisory committees. | (1)(a) The department shall prepare and annually update a statewide master oil and hazardous substance spill prevention and contingency plan. In preparing the plan, the department shall consult with an advisory committee representing diverse interests concerned with oil and hazardous substance spills, including the Uni... |
90.56.070 | Coordination with federal law. | In carrying out the purposes of this chapter, including the adoption of rules for contingency plans, the department shall to the greatest extent practicable implement this chapter in a manner consistent with federal law.
[ 1991 c 200 s 108 .] |
90.56.080 | Hazardous substances incident response training and education program. | The division of fire protection services shall establish and manage the Washington oil and hazardous substances incident response training and education program to provide approved classes in hazardous substance response, taught by trained instructors. To carry out this program, the division of fire protection services... |
90.56.100 | Washington wildlife rescue coalition. | (1) The Washington wildlife rescue coalition is established for the purpose of coordinating the rescue and rehabilitation of wildlife injured or endangered by oil spills or the release of other hazardous substances into the environment. (2) The Washington wildlife rescue coalition shall be composed of: (a) A representa... |
90.56.110 | Rehabilitation of wildlife—Rules. | The department of fish and wildlife may adopt rules including, but not limited to, the following: (1) Procedures and methods of handling and caring for waterfowl or other wildlife affected by spills of oil and other hazardous materials; (2) The certification of persons trained in the removal of pollutants from waterfow... |
90.56.200 | Prevention plans. | (1) The owner or operator for each onshore and offshore facility, except as determined in subsection (3) of this section, shall prepare and submit to the department an oil spill prevention plan in conformance with the requirements of this chapter. The plans shall be submitted to the department in the time and manner di... |
90.56.210 | Contingency plans. | (1) Each onshore and offshore facility shall have a contingency plan for the containment and cleanup of oil spills from the facility into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property from such spills. The department shall by... |
90.56.2101 | Contingency plans—Department to update rules. | By December 31, 2019, consistent with the authority under RCW 90.56.210 , the department must update rules for contingency plans to require: (1) Covered facilities to address situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water; a... |
90.56.220 | Facility operation standards. | (1) The department by rule shall adopt standards for onshore and offshore facilities regarding the equipment and operation of the facilities with respect to the transfer, storage, and handling of oil to ensure that the best achievable protection of the public health and the environment is employed at all times. The dep... |
90.56.230 | Operations manuals. | (1) Each owner or operator of an onshore or offshore facility shall prepare an operations manual describing equipment and procedures involving the transfer, storage, and handling of oil that the operator employs or will employ for best achievable protection for the public health and the environment and to prevent oil s... |
90.56.240 | Standards for spill management, cleanup, and containment services contractors. | (1) The department shall by rule establish standards for persons who contract to provide spill management, cleanup, and containment services under contingency plans approved under RCW 90.56.210 . (2) For the purposes of this section, "spill management" means managing: (a) Some or all aspects of a response, containment,... |
90.56.250 | Index of prevention plans and contingency plans—Equipment inventory. | The department shall annually publish an index of available, up-to-date descriptions of prevention plans and contingency plans for oil spills submitted and approved pursuant to RCW 90.56.200 , 90.56.210 , 88.46.040 , and 88.46.060 and an inventory of equipment available for responding to such spills.
[ 1991 c 200 s 205... |
90.56.260 | Adequacy of contingency plans—Practice drills—Report. | The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 90.56.210 . The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannounced practice drills of individual cont... |
90.56.270 | Enforcement of contingency plans. | (1) The provisions of contingency plans approved by the department under RCW 90.56.210 and prevention plans approved by the department pursuant to RCW 90.56.200 shall be legally binding on those persons submitting them to the department and on their successors, assigns, agents, and employees. The superior court shall h... |
90.56.275 | Joint large-scale, multiple plan equipment deployment drills of onshore and offshore facilities and covered vessels—Requirements. | (1) The department is responsible for requiring joint large-scale, multiple plan equipment deployment drills of onshore and offshore facilities and covered vessels under chapter 88.46 RCW to determine the adequacy of the owner's or operator's compliance with the contingency plan requirements of this chapter and chapter... |
90.56.280 | Duty to notify coast guard and division of emergency management of discharge. | It shall be the duty of any person discharging oil or hazardous substances or otherwise causing, permitting, or allowing the same to enter the waters of the state, unless the discharge or entry was expressly authorized by the department prior thereto or authorized by operation of law under RCW 90.48.200 , to immediatel... |
90.56.300 | Unlawful operation of facility—Criminal penalties. | (1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state an onshore or offshore facility without an approved contingency plan or an approved prevention plan as required by this chapter, or... |
90.56.310 | Operation of a facility or vessel without contingency or prevention plan or financial responsibility—Civil penalty. | (1) Except as provided in subsection (3) of this section, it shall be unlawful: (a) For the owner or operator to operate an onshore or offshore facility without an approved contingency plan as required under RCW 90.56.210 , a spill prevention plan required by RCW 90.56.200 , or financial responsibility in compliance wi... |
90.56.320 | Unlawful for oil to enter waters—Exceptions. | It shall be unlawful, except under the circumstances hereafter described in this section, for oil to enter the waters of the state from any ship or any fixed or mobile facility or installation located offshore or onshore whether publicly or privately operated, regardless of the cause of the entry or fault of the person... |
90.56.330 | Additional penalties. | (1) Except as otherwise provided in RCW 90.56.390 , any person who negligently discharges oil, or causes or permits the entry of the same, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to one hundred thousand dollars for every such violation, and for each day the spill p... |
90.56.340 | Duty to remove oil. | It shall be the obligation of any person owning or having control over oil entering waters of the state in violation of RCW 90.56.320 to immediately collect and remove the same. If it is not feasible to collect and remove, said person shall take all practicable actions to contain, treat and disperse the same. The direc... |
90.56.350 | Investigation, removal, containment, treatment, or dispersal of oil and hazardous substances—Record of expenses. | The department shall take all actions necessary to respond to a substantial threat of a discharge of oil or hazardous substances into the waters of this state or to collect, investigate, perform surveillance over, remove, contain, treat, or disperse oil or hazardous substances discharged into waters of the state. The d... |
90.56.360 | Liability for expenses. | Any person who unlawfully discharges oil or hazardous substances into the waters of the state or who poses a substantial threat of discharging oil or hazardous substances into the waters of the state shall be responsible for the necessary expenses incurred by the state in carrying out a project or activity authorized u... |
90.56.370 | Strict liability of owner or controller of oil—Damages—Exceptions. | (1) Any person owning oil or having control over oil that enters the waters of the state in violation of RCW 90.56.320 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry. (2) Damages for which responsible parties are liable under this secti... |
90.56.380 | Liability of others for cleanup expenses. | In addition to any cause of action the state may have to recover necessary expenses for the cleanup of oil pursuant to RCW 90.56.340 and 90.56.330 , and except as otherwise provided in RCW 90.56.390 , any other person causing the entry of oil shall be directly liable to the state for the necessary expenses of oil clean... |
90.56.390 | Liability for removal costs. | (1)(a) A person is not liable for removal costs or damages that result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the official within the department with... |
90.56.400 | Department investigation of circumstances of entry of oil—Order for reimbursement of expenses—Modification—Action to recover necessary expenses. | The department shall investigate each activity or project conducted under RCW 90.56.350 to determine, if possible, the circumstances surrounding the entry of oil into waters of the state and the person or persons allowing said entry or responsible for the act or acts which result in said entry. Whenever it appears to t... |
90.56.410 | Right of entry and access to records pertinent to investigations. | (1) The department, through its duly authorized representatives, shall have the power to enter upon any private or public property, including the boarding of any ship, at any reasonable time, and the owner, managing agent, master, or occupant of such property shall permit such entry for the purpose of investigating con... |
90.56.420 | Authorized discharges of oil—Permits. | Any person who proposes to discharge oil or cause or permit the entry of same into waters of the state shall prior to such discharge obtain permission from the director. The director is authorized to permit the discharge of oil into waters of the state consistent with the pertinent effluent and receiving water standard... |
90.56.500 | Oil spill response account. | (1) The state oil spill response account is created in the state treasury. All receipts from RCW 82.23B.020 (1) shall be deposited in the account. All costs reimbursed to the state by a responsible party or any other person for responding to a spill of oil shall also be deposited in the account. Moneys in the account s... |
90.56.510 | Oil spill prevention account. | (1) The oil spill prevention account is created in the state treasury. All receipts from RCW 82.23B.020 (2) shall be deposited in the account. Moneys from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. If, on the first day of any calendar month... |
90.56.530 | Reckless operation of a tank vessel—Penalty. | (1) A person commits the crime of reckless operation of a tank vessel if, while (a) navigating a tank vessel, (b) piloting a tank vessel, or (c) on the vessel control bridge and in control of the motion, direction, or speed of a tank vessel, the person, with recklessness as defined in RCW 9A.08.010 , causes a release o... |
90.56.540 | Operation of a vessel while under influence of liquor or drugs—Penalty. | (1) A person is guilty of operating a vessel while under the influence of intoxicating liquor or drugs if the person operates a covered vessel within this state while: (a) The person has 0.06 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 90.56.... |
90.56.550 | Breath or blood analysis. | (1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating a vessel while under the influence of intoxicating liquor or drugs, if the amount of alcohol in the person's blood or breath at the time alleged as shown by analysis of his blo... |
90.56.560 | Limited immunity for blood withdrawal. | No physician, registered nurse, qualified technician, or hospital, or duly licensed clinical laboratory employing or using services of the physician, registered nurse, or qualified technician, may incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law en... |
90.56.565 | Facilities that receive crude oil from a railroad car—Advanced notice system—Department required to report information—Adoption of rules. | (1)(a) A facility that receives crude oil from a railroad car must provide advance notice to the department that the facility will receive crude oil from a railroad car, as provided in this section. The advance notice must include the route taken to the facility within the state, if known, and the scheduled time, locat... |
90.56.569 | Updates to the senate and house of representatives. | (1) The department must provide to the relevant policy and fiscal committees of the senate and house of representatives updates by December 31, 2019, and December 31, 2021, consistent with the requirements of RCW 43.01.036 , as to the progress made in completing state and federal geographic response plans as needed in ... |
90.56.570 | Periodic evaluation and update of planning standards for oil spill response equipment. | To the extent practicable and consistent with RCW 88.46.180 , the department shall periodically evaluate and update planning standards for oil spill response equipment required under contingency plans required by this chapter in order to ensure access in the state to equipment that represents the best achievable protec... |
90.56.580 | Crude oil vapor pressure—Maximum—Penalty. | (1)(a) A facility constructed or permitted after January 1, 2019, may not load or unload crude oil into or from a rail tank car unless the oil has a vapor pressure of less than nine pounds per square inch. (b) A facility may not load or unload crude oil into or from a rail tank car unless the oil has a vapor pressure o... |
90.56.900 | Construction—Appeal not to stay order, rule, or regulation. | This chapter, being necessary for the general welfare, the public health, and the public safety of the state and its inhabitants, shall be liberally construed to effect their purposes. No rule, regulation, or order of the department shall be stayed pending appeal under this chapter.
[ 1991 c 200 s 1107 ; 1971 ex.s. c 1... |
90.56.901 | Effective dates—1991 c 200. | (1) Sections 101 through 429, 501 through 706, 805 through 807, 810 through 817, and 901 through 1118 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1991]... |
90.58.010 | Short title. | This chapter shall be known and may be cited as the "Shoreline Management Act of 1971".
[ 1971 ex.s. c 286 s 1 .] |
90.58.020 | Legislative findings—State policy enunciated—Use preference. | The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional uses ar... |
90.58.030 | Definitions and concepts. | As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply: (1) Administration: (a) "Department" means the department of ecology; (b) "Director" means the director of the department of ecology; (c) "Hearings board" means the shorelines hearings board established by this... |
90.58.040 | Program applicable to shorelines of the state. | The shoreline management program of this chapter shall apply to the shorelines of the state as defined in this chapter.
[ 1971 ex.s. c 286 s 4 .] |
90.58.045 | Environmental excellence program agreements—Effect on chapter. | Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 s 28 .]
Pu... |
90.58.050 | Program as cooperative between local government and state—Responsibilities differentiated. | This chapter establishes a cooperative program of shoreline management between local government and the state. Local government shall have the primary responsibility for initiating the planning required by this chapter and administering the regulatory program consistent with the policy and provisions of this chapter. T... |
90.58.060 | Review and adoption of guidelines—Public hearings, notice of—Amendments. | (1) The department shall periodically review and adopt guidelines consistent with RCW 90.58.020 , containing the elements specified in RCW 90.58.100 for: (a) Development of master programs for regulation of the uses of shorelines; and (b) Development of master programs for regulation of the uses of shorelines of statew... |
90.58.065 | Application of guidelines and master programs to agricultural activities. | (1) The guidelines adopted by the department and master programs developed or amended by local governments according to RCW 90.58.080 shall not require modification of or limit agricultural activities occurring on agricultural lands. In jurisdictions where agricultural activities occur, master programs developed or ame... |
90.58.070 | Local governments to submit letters of intent—Department to act upon failure of local government. | (1) Local governments are directed with regard to shorelines of the state in their various jurisdictions to submit to the director of the department, within six months from June 1, 1971, letters stating that they propose to complete an inventory and develop master programs for these shorelines as provided for in RCW 90... |
90.58.080 | Timetable for local governments to develop or amend master programs—Review of master programs—Grants. | (1) Local governments shall develop or amend a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department in accordance with the schedule established by this section. (2)(a) Subject to the provisions of subsections (5) and (6) o... |
90.58.090 | Approval of master program or segments or amendments—Procedure—Departmental alternatives when shorelines of statewide significance—Later adoption of master program supersedes departmental program. | (1) A master program, segment of a master program, or an amendment to a master program shall become effective when approved by the department as provided in subsection (7) of this section. Within the time period provided in RCW 90.58.080 , each local government shall have submitted a master program, either totally or b... |
90.58.100 | Programs as constituting use regulations—Duties when preparing programs and amendments thereto—Program contents. | (1) The master programs provided for in this chapter, when adopted or approved by the department shall constitute use regulations for the various shorelines of the state. In preparing the master programs, and any amendments thereto, the department and local governments shall to the extent feasible: (a) Utilize a system... |
90.58.110 | Development of program within two or more adjacent local government jurisdictions—Development of program in segments, when. | (1) Whenever it shall appear to the director that a master program should be developed for a region of the shorelines of the state which includes lands and waters located in two or more adjacent local government jurisdictions, the director shall designate such region and notify the appropriate units of local government... |
90.58.120 | Adoption of rules, programs, etc., subject to RCW34.05.310through34.05.395—Public hearings, notice of—Public inspection after approval or adoption. | All rules, regulations, designations, and guidelines, issued by the department, and master programs and amendments adopted by the department pursuant to RCW 90.58.070 (2) or * 90.58.090 (4) shall be adopted or approved in accordance with the provisions of RCW 34.05.310 through 34.05.395 insofar as such provisions are n... |
90.58.130 | Involvement of all persons and entities having interest, means. | To insure that all persons and entities having an interest in the guidelines and master programs developed under this chapter are provided with a full opportunity for involvement in both their development and implementation, the department and local governments shall: (1) Make reasonable efforts to inform the people of... |
90.58.140 | Development permits—Grounds for granting—Administration by local government, conditions—Applications—Notices—Rescission—Approval when permit for variance or conditional use. | (1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program. (2) A substantial development shall not be undertaken on shorelines of the state without ... |
90.58.143 | Time requirements—Substantial development permits, variances, conditional use permits. | (1) The time requirements of this section shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit authorized under this chapter. Upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent ... |
90.58.147 | Substantial development permit—Exemption for projects to improve fish or wildlife habitat or fish passage. | (1) A public or private project that is designed to improve fish or wildlife habitat or fish passage shall be exempt from the substantial development permit requirements of this chapter when all of the following apply: (a) The project has been approved by the department of fish and wildlife or, for forest practices hyd... |
90.58.150 | Selective commercial timber cutting, when. | With respect to timber situated within two hundred feet abutting landward of the ordinary high water mark within shorelines of statewide significance, the department or local government shall allow only selective commercial timber cutting, so that no more than thirty percent of the merchantable trees may be harvested i... |
90.58.160 | Prohibition against seabed mining for hard minerals and surface drilling for oil or gas, where. | (1) Seabed mining for hard minerals and surface drilling for oil or gas is prohibited in the waters of Puget Sound north to the Canadian boundary and the Strait of Juan de Fuca seaward from the ordinary high water mark and on all lands within one thousand feet landward from said mark. (2)(a) For purposes of this sectio... |
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