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SITE MANAGEMENT PLAN ICON MATERIALS SEATTLE ASPHALT PLANT SEATTLE, WASHINGTON PERMIT NUMBER: WAG 50-3282 SIC CODE: 2951 ASPHALT PAVING MIXTURES NAICS CODE: 324121 PREPARED FOR: ICON Materials P.O. Box 88050 Tukwila, WA 984138 SITE CONTACTS: Pat Healy Plant Operator (206) 767-2521 James Weisinger Environmental Representative (253) 261-0348 Kenny Marsh Safety Representative (206) 575-3200 Tim Shearer Production/QC Manager (253) 329-4064 Preparation Date: April 2017
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ICON MATERIALS SEATTLE ASPHALT PLANT

Apr 11, 2023

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Page 1: ICON MATERIALS SEATTLE ASPHALT PLANT

SITE MANAGEMENT PLAN

ICON MATERIALS SEATTLE ASPHALT PLANT

SEATTLE, WASHINGTON

PERMIT NUMBER: WAG 50-3282 SIC CODE: 2951 – ASPHALT PAVING MIXTURES

NAICS CODE: 324121

PREPARED FOR: ICON Materials P.O. Box 88050

Tukwila, WA 984138

SITE CONTACTS:

Pat Healy Plant Operator

(206) 767-2521

James Weisinger

Environmental Representative

(253) 261-0348

Kenny Marsh

Safety Representative

(206) 575-3200

Tim Shearer

Production/QC Manager

(253) 329-4064

Preparation Date: April 2017

Page 2: ICON MATERIALS SEATTLE ASPHALT PLANT

ICON MATERIALS SEATTLE ASPHALT PLANT

SEATTLE, WASHINGTON

Name of Facility: ICON Materials – Seattle Asphalt Plant

Street: 1115 South 96th Street

City: Seattle State: WA ZIP Code: 98108

County: King

Permit Number: WAG 50-3282

Latitude/Longitude

Latitude: 47 º 30 ' 59 '' N Longitude: 122 º 19 ' 0 '' W

Discharge Information

Does this facility discharge stormwater into surface waters? Yes No

Does this facility discharge stormwater into a municipal storm water conveyance system? Yes No

SIC Code: 2951 NAICS Code: 324121 In the event of a spill or potential pollution problem contact:

PhonePat Healy 206-767-2521 (onsite office)

James Weisinger 253-261-0348 (cell)

Spills that take place on the site cannot be ignored. ICON Materials has a responsibility to clean up any spills created by accident or through negligence. Laws require the cleanup of spills and proper disposal of clean up materials. This Site Management Plan includes information on how to properly clean up spills.

Page 3: ICON MATERIALS SEATTLE ASPHALT PLANT

SITE MANAGEMENT PLAN CERTIFICATION FORM

ICON MATERIALS SEATTLE ASPHALT PLANT

WAG 50-3282

The Permittee shall use this form to sign and certify that the Site Management Plan is complete, accurate and in compliance with Condition S5 of the Sand and Gravel General Permit.

“I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

________________________

Printed Name * Title

________________________

Signature * Date

* Regulations require this document to be signed and certified by:

a) In the case of corporations, by a responsible corporate officer.

For the purpose of this section, a responsible corporate officer means:

i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision making functions for the corporation, or

ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b) In the case of a partnership, by a general partner.

c) In the case of sole proprietorship, by the proprietor.

d) In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official. Responsibility, or an individual or position having overall responsibility for environmental matters.

Changes to authorization: If an authorization as described above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of “ii” above shall be submitted to Ecology prior to, or together with, any reports, information, or applications to be signed by an authorized representative.

Page 4: ICON MATERIALS SEATTLE ASPHALT PLANT

Page i

TABLE OF CONTENTS SECTION 1 - Erosion & Sediment Control Plan (ESCP) ...................................................................... 1

1.1 EROSION AND SEDIMENT CONTROL PLAN REQUIREMENTS ................................................................ 1 1.2 OVERALL SITE DESCRIPTION ............................................................................................................ 1 1.3 SITE STABILIZATION BMPS .............................................................................................................. 1 1.4 RUNOFF CONVEYANCE AND TREATMENT BMPS ................................................................................ 2

SECTION 2 - Monitoring Plan (MP) ....................................................................................................... 3

2.1 SITE ACTIVITIES .............................................................................................................................. 4 2.2 APPLICABLE PARAMETERS AND MONITORING FREQUENCIES .............................................................. 5 2.3 SITE MAP ........................................................................................................................................ 7 2.4 NON-COMPLIANCE NOTIFICATION PROCEDURES AND CONTACT NUMBERS ......................................... 7 2.5 MAINTAINING MONITORING PLAN ...................................................................................................... 7

SECTION 3 - Stormwater Pollution Prevention Plan (SWPPP) ............................................................ 8

3.1 MEASURES TO PREVENT COMMINGLING ........................................................................................... 8 3.2 RUNOFF CONVEYANCE AND TREATMENT BMPS ................................................................................ 9 3.3 INNOVATIVE BMPS .......................................................................................................................... 9 3.4 INVENTORY OF MATERIALS AND POTENTIAL POLLUTION SOURCES ..................................................... 9 3.5 SOURCE CONTROL BMPS.............................................................................................................. 11 3.6 CONCRETE RECYCLING BMPS ....................................................................................................... 12

SECTION 4 – Spill Control Plan (SCP) ................................................................................................ 13

4.1 REPORTING SYSTEM...................................................................................................................... 13 4.2 EQUIPMENT AND MATERIALS WITH THE POTENTIAL TO LEAK OR SPILL .............................................. 14 4.3 PREVENTIVE MEASURES AND FACILITIES ........................................................................................ 14 4.4 MATERIAL HANDLING PROCEDURES AND STORAGE REQUIREMENTS ................................................ 14

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Page ii

List of Exhibits

Exhibit A - General Location Map ....................................................................................................... 17

Exhibit B - Site Map.............................................................................................................................. 18

List of Appendices

A - Sand and Gravel General Permit ................................................................................................... 20

B - Washington Administrative Code ................................................................................................. 85

C - Inventory of Materials .................................................................................................................. 116

D - Washington State Department of Ecology Best Management Practices ................................. 118

E - Washington State Department of Ecology Sampling Procedures and Methods ...................... 141

List of Attachments

1 - Inspection Forms .......................................................................................................................... 185

2 - Non-Compliance Form .................................................................................................................. 189

3 - Spill Logs....................................................................................................................................... 191

4 - Pollution Prevention Training Roster and Sample Tool Box Safety Meeting Topics ............... 193

5 - Site Management Plan Amendments ........................................................................................... 195

Page 6: ICON MATERIALS SEATTLE ASPHALT PLANT

EROSION AND SEDIMENT CONTROL PLAN ICON Materials Asphalt Plant – Seattle, WA

Page 1

SECTION 1 - Erosion & Sediment Control Plan (ESCP)

1.1 Erosion and Sediment Control Plan Requirements An Erosion and Sediment Control Plan (ESCP) is required for the facility per S5.A of the Sand and Gravel General Permit (‘the Permit’). In accordance with Section S6, which outlines the ESCP requirements:

“The Permittee must prepare an ESCP prior to any earth moving activities. The ESCP must identify and describe the erosion and sediment control BMPs that the Permitee will implement at the facility and a schedule for BMP implementation.”

1.2 Overall Site Description The northern portions of the site are permanently stabilized with asphalt concrete pavement driving surfaces, the existing asphalt plant, and the existing shop buildings. The southern and westernmost portions of the site, where sands, aggregates, and recycled asphalt products are stockpiled, are comprised of compacted dirt and gravel surfacing. The site is graded to drain to a conveyance system that discharges stormwater to retention and sedimentation pond (on the east portion of the site), a sedimentation basin (on the west portion of the site), or to an underground detention and water quality tank (north portion of the site). The site is permitted to discharge Type 3 stormwater to surface water. The site discharges to the King County storm system in South 96th Street. Since the onsite ponds are unlined, stormwater has the potential to infiltrate into the ground.

1.3 Site Stabilization BMPs Per Section S6A of the Permit:

“The Permittee must initiate stabilization BMPs as soon as practicable on portions of the site where mining or reclamation activities have temporarily or permanently ceased.

1) Stabilize and protect all soils from erosion by the timely application of

effective BMPs. 2) Preserve existing vegetation where feasible. Permanently mark areas that

are not to be disturbed; these include setbacks, sensitive/critical areas and their buffers, trees, and drainage courses.

3) Design and construct cut slopes and fill slopes in a manner that will minimize erosion.

4) Provide stabilization at the outlets of all conveyance systems to prevent erosion.”

No mining activities are proposed or anticipated on this site. In addition, stabilization of the stockpiles is not a feasible BMP, as the stockpiles are regularly borrowed from as a part of the plant’s asphalt production activities. Quarry spall accessways, connecting the upper stockpile areas to the lower paved areas help minimize tracking of sediment onto the onsite paved areas. These quarry spall accessways shall be maintained in accordance with DOE BMP C105. If the quarry spall stabilized accessways are not preventing sediment from being tracked onto pavement, then the quarry spalls shall be removed and replaced or cleaned. Deficiencies in stabilization erosion control measures shall be addressed as soon as practical after they are noticed.

Page 7: ICON MATERIALS SEATTLE ASPHALT PLANT

EROSION AND SEDIMENT CONTROL PLAN ICON Materials Asphalt Plant – Seattle, WA

Page 2

1.4 Runoff Conveyance and Treatment BMPs Per Section S6B of the permit:

The ESCP must include a description of runoff conveyance and treatment BMPs used to prevent erosion and sedimentation. The plan must satisfy the following requirements:

1) Protect properties adjacent to the project site from erosion and sedimentation related to the facility.

2) Construct sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on site as a first step. These BMPs must be functional before land is disturbed. Stabilize slopes of earthen structures used for sediment control such as dams, dikes, and diversions immediately after construction.

3) Design any BMP constructed at an active site to maintain separation of Type 2 stormwater from Type 3 stormwater and Type 1 stormwater during the peak flow from the design storm. If any commingling of Type 1, Type 2, or Type 3 stormwater occurs, the Permittee must meet the most restrictive permit requirements.

The onsite conveyance system together with the stormwater control facilities (the retention/sediment pond and the detention/water quality vault) protects adjacent areas from potential onsite erosion. Onsite runoff shall be routed through the onsite stormwater facilities where sediments have the opportunity to settle from stormwater. Both the sedimentation basins and the underground tank require ongoing maintenance. When sediment reaches one foot in depth it shall be removed from the pond areas. A record of stormwater facility maintenance shall be kept onsite. Stormwater control facility deficiencies shall be addressed as soon as practical after they are noticed. The site should be mechanically swept on an as-needed basis to prevent the track-out of sediment to offsite areas. A record of site sweeping shall be kept in this SMP. For the onsite locations of the above referenced features, please see the Site Map, included as Exhibit B of this SMP. .

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MONITORING PLAN ICON Materials Asphalt Plant - Seattle, WA

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SECTION 2 - Monitoring Plan (MP) A Monitoring Plan is required for active sites per S4.C.1 of the Sand and Gravel General Permit. This Monitoring Plan has been developed to comply with Special Conditions S2, S3, and S4 of the Sand and Gravel General Permit. This plan should be retained onsite with the Sand and Gravel General Permit so that it can be made available upon request to Ecology or to local jurisdiction. The monitoring plan must at a minimum include the following as per S7.A of the Sand and Gravel General Permit:

1. Identify all the industrial activities at the site. Include the NAICS / Ecology codes associated with each monitoring point.

2. Include all of the applicable parameters and monitoring frequencies identified in this permit as monitoring requirements.

3. The plan must identify enough monitoring points to provide representative sampling of all point source discharges to surface water or groundwater.

4. List the standard procedures used at the facility for collecting samples for analysis. The publications: NPDES Stormwater Sampling Guidance Document (EPA 833-B-92-001, July 1992), or How to Do Stormwater Sampling – A guide for industrial facilities (Ecology Publication 02-10-071), or equivalent sampling methods, must be used as guidance for stormwater, mine dewatering water, and process water sampling procedures.

5. List the non-compliance notification procedures and contact numbers. The Monitoring Plan Form provided in Attachment 1 summarizes applicable parameters, monitoring frequencies and monitoring locations of all point source discharges to stormwater and groundwater.

Page 9: ICON MATERIALS SEATTLE ASPHALT PLANT

MONITORING PLAN ICON Materials Asphalt Plant - Seattle, WA

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2.1 Site Activities The ICON Materials Seattle Asphalt Plant is an asphalt production facility. Site activities include production of asphalt, raw and finished product stockpiling, and related ancillary and maintenance functions. The NAICS code is 324121 and the SIC code is 2951. Industrial activities below are performed as a part of the ongoing asphalt paving mixture production and delivery operations. These activities have been identified below to determine the monitoring requirements outlined in this Monitoring Plan. The site map, included as Exhibit B in this SMP, depicts the locations of the monitoring points where sampling shall be conducted. Site specific industrial activities that are performed onsite are listed as follows; see Appendix D for operational BMPs associated with the listed activities:

Maintenance of Stormwater Drainage and Treatment Systems

Loading and Unloading Areas for Liquid or Solid Materials

Parking and Storage of Vehicles and Equipment

Maintenance and Repair of Vehicles and Equipment

Roof/Building Drains at Manufacturing and Commercial Buildings

Storage of Liquids in Permanent Aboveground Tanks

Storage or Transfer of Solid Raw Materials, Byproducts or Finished Products

2.2 Applicable Parameters and Monitoring Frequencies Special Conditions S2, S3, and S4 of the Sand and Gravel General Permit were used to identify the applicable parameters and monitoring frequencies for the site. The plant shall comply with the effluent limits and monitoring requirements for stormwater as outlined in S2 of the permit. If the discharges from two or more industrial activities are combined, the most stringent effluent limit applies. Therefore, the site shall comply with Type 3 storm water effluent limits. The site must be monitored for oil sheen at the discharge points (or at representative locations where water collects prior to discharge) each day that equipment operates and runoff occurs. Please reference Table 1 – Monitoring Plan Summary and the Site Map, included as Exhibit B of this SMP. A sampling point form has been included in Attachment 1 of this SMP.

Special Condition S2 of the Sand and Gravel General Permit addresses effluent limits and monitoring requirements for stormwater. All storm water from the site discharges to either surface or ground water. Per Special Condition S2 stormwater that discharge to the surface or ground need to be monitored for pH, turbidity and oil sheen. The following table summarizes the monitoring requirements as outlined in Table 3 of the Sand and Gravel General Permit, which is provided below.

Page 10: ICON MATERIALS SEATTLE ASPHALT PLANT

MONITORING PLAN ICON Materials Asphalt Plant - Seattle, WA

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2.2 Applicable Parameters and Monitoring Frequencies Special Conditions S2, S3, and S4 of the Sand and Gravel General Permit were used to identify the applicable parameters and monitoring frequencies for the site. The plant shall comply with the effluent limits and monitoring requirements for stormwater as outlined in S2 of the permit. If the discharges from two or more industrial activities are combined, the most stringent effluent limit applies. Therefore, the site shall comply with Type 3 storm water effluent limits. The site must be monitored for oil sheen at the discharge points (or at representative locations where water collects prior to discharge) each day that equipment operates and runoff occurs. Please reference Table 1 – Monitoring Plan Summary and the Site Map, included as Exhibit B of this SMP. A sampling point form has been included in Attachment 1 of this SMP.

Special Condition S2 of the Sand and Gravel General Permit addresses effluent limits and monitoring requirements for stormwater. All storm water from the site discharges to either surface or ground water. Per Special Condition S2 stormwater that discharge to the surface or ground need to be monitored for pH, turbidity and oil sheen. The following table summarizes the monitoring requirements as outlined in Tables 3 of the Sand and Gravel General Permit, which is provided below.

Page 11: ICON MATERIALS SEATTLE ASPHALT PLANT

MONITORING PLAN ICON Materials Asphalt Plant - Seattle, WA

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Special Condition S3 addresses additional discharge limits. This site discharges to surface and ground water – discharges must not cause or contribute to a violation of Groundwater Quality Standards of Chapter 172-200 WAC (included in Appendix B). Currently, there is no evidence that additional monitoring is necessary. If it should be determined that additional testing is necessary for offsite stormwater, then this monitoring plan shall be revised to include a list of the applicable discharge limits, parameters, and monitoring frequencies. Revisions shall be recorded in in Attachment 5 - Site Management Plan Amendments. Special Condition S4 addresses the monitoring requirements. Inspection forms for monitoring oil sheen (Inspection Report #1) and for inspecting vehicles and equipment (Inspection Report #2) are included in Attachment #1. The site shall be monitored for oil sheen each day that equipment operates and that runoff occurs. Equipment and vehicles must be inspected weekly for leaking fluids such as oil, hydraulic clued, antifreeze, etc. The inspection report forms included in Attachment #1 must be retained on site so that they shall be made available to Ecology upon request. Copies of the blank forms should be made as necessary. At a minimum, two stormwater inspections each year must be performed at the active site. Per the Sand and Gravel General Permit, Condition S4.F, one of these must be performed during the wet season and one during the dry season. As outlined in Condition S4.F.3:

The wet season inspection must be conducted by personnel named in the SWPPP and must include observations for the presence of floating materials, suspended solids, oil and grease, discoloration, turbidity, odor, etc. in the stormwater discharge(s). The Permittee must conduct the inspection during a rainfall event adequate in intensity and duration to verify that:

The description of potential pollutant sources (as defined in the Inventory of Materials)required under this permit is accurate, and

The Permittee has updated or otherwise modified the site map as required in the SWPPP to reflect current conditions and,

The Permittee is implementing controls which are adequate to reduce pollutants in stormwater discharges associated with industrial activity identified in the SWPPP.

The dry season inspection must be conducted by personnel named in the SWPPP and after at least seven (7) consecutive days of no precipitation. The inspection must determine the presence of non-stormwater discharges such as process water to the stormwater drainage system. If a discharge related directly or indirectly to process water is discovered, the Permittee must comply with non-compliance notification requirements of Special Condition S6.E. and must eliminate the discharge within ten (10) days. If the Permittee cannot eliminate the discharge within ten days, the discharge must be considered process water and subject to all process water conditions of this general permit. The inspection shall also include review of the implementation of BMPs to ensure that the SWPPP is fully implemented.

Discharge Monitoring Reports (DMRs) must be submitted to the Department of Ecology on a quarterly basis. Reports must be received by Ecology no later than January 15 (October,

Page 12: ICON MATERIALS SEATTLE ASPHALT PLANT

MONITORING PLAN ICON Materials Asphalt Plant - Seattle, WA

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November, December), April 15 (January, February, March), July 15 (April, May, June), and October 15 (July, August, September) for each reporting period or partial reporting period of coverage. Even if there were no discharges during the reporting period, a DMR must still be sent to DOE. Ecology will send a blank “paper” DMR form to the facility’s mailing address. Two options are available for submitting DMRs: paper DMRs by mail or WQWebDMR submitted over the internet. Either method is acceptable. If the “paper” option is chosen, make copies of the blank DMR form mailed and use a copy of it for reporting. If a new form is needed, contact the permit administrator. Sample methods and procedures shall be conducted in compliance with the Department of Ecology’s Sampling procedures, which can be found in Attachment 6.

2.3 Site Map Please see the Site Map, included as Exhibit B with this Site Management Plan. This map identifies the areas described in the Site Activities Section (Section 2.2) of the Monitoring Plan. This exhibit may be referenced as necessary on forms submitted to the Department of Ecology.

2.4 Non-Compliance Notification Procedures and Contact Numbers Per the Sand and Gravel General Permit, the discharge of stormwater with a sheen or petroleum products to surface or ground water is a violation and must be reported as a violation. Report the violation with the Non-Compliance Notification Form, included as Attachment #2 of the Site Management Plan. The presence of a visible sheen on site is not a violation if the Permittee corrects the problem in a timely manner, notes the occurrence in the Discharge Monitoring Report (DMR), explains the cause, and describes the immediate solution and future preventive practices.

2.5 Maintaining Monitoring Plan If the facility conditions require the addition or deletion of a sampling point, inform the Washington State Department of Ecology in writing of the addition/deletion before the end of the quarter in which the change will occur.

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STORMWATER POLLUTION PREVENTION PLAN (SWPPP) ICON Materials Asphalt Plant – Seattle, WA

Page 8

SECTION 3 - Stormwater Pollution Prevention Plan (SWPPP) A SWPPP is required for the facility per S5 of the Sand and Gravel General Permit and shall be prepared per section S8 of the Permit. Per Section S8, the SWPPP shall provide information on:

a) Measures to Prevent Commingling b) Runoff Conveyance and Treatment BMPs c) Innovative BMPs d) Inventory of Materials and Pollutant Sources e) Source Control BMPs f) Concrete Recycling BMPs

This SWPPP includes reference to the BMPs pertinent to the site, such that the site remains compliant with the applicable Department of Ecology water quality standards. Onsite personnel responsible for pollution prevention are listed in the table below.

Table 2 - Pollution Prevention Team Staff Name Mailing Address Phone Responsibilities

James Weisinger Environmental/

Safety Rep

1115 South 96th Street

Seattle, WA 98108

253-261-0348 The Environmental / Safety

Representative is responsible

for: identification of stormwater

pollutant sources and risks and

deciding on appropriate BMPs;

for making inspections and

performing evaluations to

measure the effectiveness of

the SWPPP; making

modifications to the SWPPP as

necessary; conducting the

required stormwater monitoring

and overseeing record keeping

procedures.

Pat Healy Plant Operator 1115 South 96th Street

Seattle, WA 98108

206-767-2521 The Plant Operator is

responsible for: the

implementation of the selected

BMPs at the facility;

documenting employee training;

ensuring the upkeep and

maintenance of the facility

equipment; following up with the

Environmental/Safety

Representative as necessary on

inspections and BMPs.

3.1 Measures to Prevent Commingling Per section S8.A of the Sand and Gravel General Permit, this SWPPP shall include:

Page 14: ICON MATERIALS SEATTLE ASPHALT PLANT

STORMWATER POLLUTION PREVENTION PLAN (SWPPP) ICON Materials Asphalt Plant – Seattle, WA

Page 9

“Measures to prevent the commingling of stormwater with process water or mine dewatering water. Stormwater that commingles with process water is considered process water and is subject to all permit conditions for process water”.

Process water is not used in the asphalt production process and mine dewatering operations do not occur on the site. If process water has the potential to commingle with stormwater, this SWPPP shall be updated accordingly.

3.2 Runoff Conveyance and Treatment BMPs Per section S8.B of the Sand and Gravel General Permit:

“The SWPPP must include runoff conveyance and treatment BMPs as necessary to control pollutants and comply with the stormwater discharge limits in S2 and S3.”

The onsite conveyance system together with the stormwater control facilities (the retention/sediment pond and the detention/water quality vault) work to control pollutants such that they comply with the stormwater discharge limitations. Please see the Site Map, included as Exhibit B of this SMP.

3.3 Innovative BMPs Per section S8.C of the Sand and Gravel General Permit:

“Innovative treatment, source control, reduction or recycling, or operational management practices beyond those identified in Ecology’s SWMMs are encouraged if they help achieve compliance with this general permit.”

Innovative BMPs will be implemented on an as-needed basis to help achieve compliance with the Permit. Currently, no such BMPs are implemented or required. If additional BMPs are implemented, the SWPPP shall be updated accordingly.

3.4 Inventory of Materials and Potential Pollution Sources Per Section S8.D of the Sand and Gravel General Permit:

This inventory must list potential pollutants and pollutant sources. The inventory of materials must include a list of all types of materials handled at the site exposed to precipitation or run-off (e.g. raw materials, cement admixtures, petroleum products, etc.). The Permittee must manage the following materials to prevent stormwater contamination: 1) Toxic materials or chemicals 2) Petroleum contaminated soils (PCS) that fail to meet the most protective Model

Toxics Control Act Method ‘A’ treatment levels (WAC 173-340-740(2)) 3) Cement 4) Admixtures 5) Fuels, lubricants, tar and other petroleum products 6) Any material that contains petroleum contamination or has the potential to cause

aquatic toxicity Table 3 included in this section provides an inventory of the materials stored onsite as well as a description of how the material is managed to prevent stormwater contamination.

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STORMWATER POLLUTION PREVENTION PLAN (SWPPP) ICON Materials Asphalt Plant – Seattle, WA

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Table 2. Material Inventory and Management Operations Material Quantity Operational BMPs

Recycle Asphalt

Product (RAP) Pile

Varies The RAP pile is comprised of cooled/cured asphalt. Broken up RAP is stockpiled on the west portion of the site. The RAP processed offsite, then brought back (stockpiled on the east portion of the site) for use and incorporation into the deliverable product.

Liquid Asphalt Cement Tanks

(2) 25,000 gallons (1) 20,000 gallons

The tanks are located outside of the traffic area and within concrete walled secondary containment

Inventory planning and control are used to eliminate overfilling

Plant operator responsible for inspecting tank after each delivery to check for spills

Front end loader available for use in containing any spills

MC Cold Mix Tank

10,000 gallons The tank is located outside of the traffic area and within concrete walled secondary containment.

Plant operator responsible for inspecting tank after each delivery to check for spills.

CSS-1 Tank 500 gallons The tank is double-walled steel and is protected from vehicular traffic by ecology blocks.

Plant operator responsible for inspecting tank after each delivery to check for spills.

Diesel Fuel Tank

500 gallons The tank is located outside of the traffic area and within concrete walled secondary containment.

Inventory planning and control to eliminate overfilling.

Plant operator responsible for inspecting tank after each delivery to check for spills.

Asphalt Release Agent*

100 gallons Product in use is stored in a tank at the scale on the West side of the plant.

Undiluted product is stored in 55-Gal barrels inside the shop building, west of the plant.

Heat Transfer Oil Drums*

165 gallons

Three 55 gallon drums are located inside a storage shed on a spill containment pallet.

Only the plant operator and service oiler fill this tank.

The system is inspected daily for leaks and absorbent pads are kept in the shed.

There is a built-in overflow/expansion tank to contain overflow from heat expansion of product.

Lubricating Oils and Grease*

Quantity varies; stored in 5-55 gallon drums

Stored inside the shop west of the plant on a spill containment pallet.

Waste Oil Storage Drum*

55 gallons Stored inside small metal building Southwest of plant on a spill containment pallet

*Stored in a covered area and not exposed to stormwater

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STORMWATER POLLUTION PREVENTION PLAN (SWPPP) ICON Materials Asphalt Plant – Seattle, WA

Page 11

Materials that pose a potential for stormwater pollution shall be located in a covered area. Currently, materials that pose significant stormwater pollution potential are located in dual walled tanks or in tanks located within secondary containment areas. Materials that pose a stormwater pollution potential are included in Appendix C – Inventory of Materials. This appendix includes a table with the materials stored in bulk; an SDS binder with all materials onsite is located in the onsite control building. The SWPPP team should add and subtract from the Appendix C as necessary.

3.5 Source Control BMPs This SWPPP includes source control BMPs per S8.E and as necessary to achieve compliance with the stormwater discharge limits of Conditions S2 and S3 of the Sand and Gravel General Permit. This document includes the Source Control BMPs listed as applicable in Ecology’s Sand and Gravel General Permit as well as other applicable BMPs from the DOE Manual (see Appendix D).

Care shall be taken to follow procedure during the tank truck unloading process to prevent spills as this is the time most spills occur. Protective measures to prevent oil spills, leaks, and releases from liquid asphalt tank unloading areas shall be conducted as follows.

Liquid Asphalt, MC Cold Mix, Diesel, and CSS-1:

1. Tank Truck Unloading Areas

Unloading shall only be permitted following careful verification by the Plant Operator of the available capacity of the tank. Delivery drivers shall not unload unless they first check with the Plant Operator and the Plant Operator has verified how much oil can be transferred into the tank. In order to ensure that proper equipment is consistently used, ICON has installed its own pump for unloading, rather than allowing trucks to unload themselves. Drivers shall be required to place a bucket under the quick disconnect fitting when hooking up for unloading to capture any fluid which is inadvertently spilled. Any spilled product shall be removed from the site by the delivery driver. Should a spill occur at the tank, it would be entirely contained within the diked secondary containment area.

2. Pipe Installations; Aboveground

The above ground piping, hoses and valves from the liquid asphalt cement tanks and anti-strip tank to the drum shall be inspected daily. Additionally, heat transfer oil piping shall be inspected daily. On a regular monthly basis, operation personnel shall also inspect the pumps, flange joints, expansion joints, and pipe and hose segments.

Protective measures to prevent oil spills, leaks, and releases from diesel tank unloading areas shall be conducted follows:

Asphalt Release Agent and Oil Drums:

1. Tank Truck Unloading Areas

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STORMWATER POLLUTION PREVENTION PLAN (SWPPP) ICON Materials Asphalt Plant – Seattle, WA

Page 12

Automatic pressure activated tank fill shut-off system is used to prevent overfilling.

Only trained personnel shall fill the Diesel tank. Company service trucks are equipped with oil absorbent pads. Furthermore, a Spill Response Locker shall be available on site. Should a spill occur at the diesel tank, oil absorbent pads shall be available and the spill would be entirely contained within the diked containment area.

2. Pipe Installations; Aboveground

On a regular monthly basis, operation personnel shall also inspect the pumps, flange joints, expansion joints, and pipe and hose segments.

3. Drums, Barrels, Totes, or Other Petroleum Product Containers

Containers shall be stored inside or under cover and on a spill containment pallet. Operational BMPs include inspections which should alert operation personnel to any maintenance or repairs necessary to avoid spills, leaks or releases.

3.6 Concrete Recycling BMPs This facility currently does not recycle concrete on site; therefore, this requirement is not applicable.

Page 18: ICON MATERIALS SEATTLE ASPHALT PLANT

SPILL CONTROL PLAN (SCP) ICON Materials Asphalt Plant – Seattle, WA

Page 13

SECTION 4 – Spill Control Plan (SCP) This Spill Control Plan shall be in compliance with S9. SMP Section 4 of the 2016 Sand and Gravel General Permit. As per S9.A of the permit, the following must be included in the SCP:

1. Oil and petroleum products including accidental release from equipment. 2. Materials, which when spilled, or otherwise released into the environment, are designated Dangerous (DW) or Extremely Hazardous Waste (EHW) by the procedures set forth in WAC 173-303-070. 3. Other materials which may become pollutants or cause pollution upon reaching waters of the state.

This Spill Control Plan covers the ICON Materials Seattle Asphalt Plant site. This SCP includes the following elements as per S9.B of the permit:

1. A description of the reporting system which will be used to alert responsible managers and legal authorities in the event of a spill. 2. A list of equipment and materials onsite that have the potential to leak or spill 3. A description of preventive measures and facilities which prevent, contain, or treat spills of these materials. 4. Specific handling procedures and storage requirements for materials kept onsite.

4.1 Reporting System The reporting system for ICON Materials in the event of a spill, the procedure shall be as follows:

1. Call for help. Notify another worker, a Supervisor or the office by radio, telephone or in person before taking any other action. Make certain someone has received the message that there is a spill so that help can be on the way.

2. Immediately, upon discovery, stop, contain, and clean up the spill(s). Consult the appropriate Safety Data Sheet (SDS), located on site in the control building or it can be accessed on the internet, for proper cleanup and disposal.

3. Take immediate action to recover the product spilled using the spill response equipment located at each facility.

4. Take steps to have the affected area excavated to remove the soil material that has been contaminated with petroleum product immediately to prevent contamination of stormwater.

5. Remove the excavated soils from the site or remediate the excavated soils. 6. Do not flush absorbent materials or other spill cleanup materials to a storm system.

Collect the contaminated absorbent material as a solid and place in appropriate disposal containers. Dispose of at an approved offsite location.

7. Record the spill in the Spill Log (Attachment #3). Notify Jana McDonald, PE at (509) 534-6221. The Department of Ecology should be immediately notified if a spill may reach sanitary sewers, storm sewers, groundwater, or the Puget Sound in accordance with Federal and Ecology spill reporting requirements. To determine the severity of the spill, consult Chapter 173-303, Section 145 of the WAC (See Appendix B).

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SPILL CONTROL PLAN (SCP) ICON Materials Asphalt Plant – Seattle, WA

Page 14

4.2 Equipment and Materials with the Potential to Leak or Spill For a list of materials stored in bulk onsite, see Appendix C of this SMP. All chemicals stored and used on the Seattle Plant site are listed in a Safety Data Sheet (SDS) Binder located onsite in the Control Building or it is available via the company online database. Leaks and spills of pollutant materials during handling and storage are the primary sources of pollutants. Mobile equipment used on site that is powered by diesel fuel, likely contains hydraulic fluid. Company vehicles (e.g. pick-up trucks) may also be present on the site. Such vehicles typically contain unleaded gasoline and a small quantity of motor oil. This site does not use, store, or handle any dangerous waste materials.

4.3 Preventive Measures and Facilities The existing drainage system and BMPs used to manage water quality and quantity include oil / water separators, a detention tank and a sediment / retention pond. Reference Appendix D for how these BMPs shall be used to prevent spills. Spills that may potentially occur on the site shall be contained. Spills of any kind can be promptly confined by berming crushed rock and sand, both of which shall be readily available on site. These materials should be used to blanket any spilled material. If excavated contaminated soils are discovered, they will be hauled offsite to an approved facility. A Spill Response Locker (SRL) shall also be kept stocked and ready for use on site in the event of any spills, leaks or releases. After something is used, it needs to be replaced the next day. Spill Response Locker Contents should include the following items: 1. 2 - Scoop shovels (non-sparking). 2. 2 – Pairs of rubber gloves. 3. 2 – Face Shields. 4. 25 – 60” long absorbent socks. 5. 5 – Bags of granular absorbent. 6. 2 – Plywood squares to fit over catch basin grates. 7. 1 – Plastic garbage can. 8. 2 – 16” round drip pans. 9. 1 – bundle of absorbent blankets. 10. 1 – Clipboard of forms to record Employee’s Use of SRL supplies and equipment. Additional Spill Response Equipment shall also available onsite:

Front end loader

Crushed rock and sand

4.4 Material Handling Procedures and Storage Requirements Materials shall be stored and handled in accordance with the Safety Data Sheet (SDS) binder (located in the control building or available via the company online database) which shall be readily available on site. In the case of tank unloading materials, protective procedures have been created to prevent spills and leaks during this process.

Page 20: ICON MATERIALS SEATTLE ASPHALT PLANT

List of Exhibits

Exhibit A - General Location Map ....................................................................................................... 17

Exhibit B - Site Map.............................................................................................................................. 18

List of Appendices

A - Sand and Gravel General Permit ................................................................................................... 20

B - Washington Administrative Code ................................................................................................. 85

C - Inventory of Materials .................................................................................................................. 116

D - Washington State Department of Ecology Best Management Practices ................................. 118

E - Washington State Department of Ecology Sampling Procedures and Methods ...................... 141

List of Attachments

1 - Inspection Forms .......................................................................................................................... 185

2 - Non-Compliance Form .................................................................................................................. 189

3 - Spill Logs....................................................................................................................................... 191

4 - Pollution Prevention Training Roster and Sample Tool Box Safety Meeting Topics ............... 193

5 - Site Management Plan Amendments ........................................................................................... 195

Page 21: ICON MATERIALS SEATTLE ASPHALT PLANT

Page 16

Exhibit A - General Location Map

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Page 17

Exhibit A - General Location Map

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Page 18

Exhibit A - Site Map

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© 2017 Microsoft Corporation

S 96TH ST

10TH

AVE. S.

SOUTH 96TH STREET

CITY OF SEATTLE TRANSMISSION LINE R/W

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UNIMPROVED GROUND
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MACHINERY
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GRAVEL
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GRAVEL/VEGETATION
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R.O.S. 8606259007
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B.L.A. 20131022900001
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5'SEWER EASEMENT PER R.N. 7803060558
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5'UTILITY EASEMENT PER REC. NO. 9810220626
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5'UTILITY EASEMENT PER REC. NO. 9812092510
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5'AERIAL EASEMENT PER REC. NO. 20020319001389
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5'AERIAL EASEMENT PER REC. NO. 20020319001389
D. Fillmore
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Shop Building Storage Building (Vacant) Control Building Asphalt Concrete Silo Asphalt Batch Plant RAP Feeder Liquid Asphalt Tanks Diesel Fuel CSS-1 Asphalt Release Agent Heat Transfer Oil Lubricating Grease Waste Oil 1/4" Aggregate 5/8" Chip 5/8" Crushed Aggregate 1-1/4" Chip 1-1/4" Crushed Aggregate Glass G D-Chip Sand Recycled Asphalt (Broken) Recycled Asphalt (Processed) Cold Mix
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Page 20

A - Sand and Gravel General Permit

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Page 27: ICON MATERIALS SEATTLE ASPHALT PLANT

TABLE OF CONTENTS

SUMMARY OF REQUIRED FORMS AND REPORTS .......................................................... 4 SPECIAL CONDITIONS ............................................................................................................. 5

S1. PERMIT COVERAGE .................................................................................................... 5 A. Coverage Under This Permit .......................................................................................5 B. Coverage for Similar Facilities ....................................................................................6 C. Facilities Excluded From Coverage Under This Permit ..............................................6 D. Other/Unpermitted Site Uses .......................................................................................7 E. Authorization ...............................................................................................................8

S2. EFFLUENT LIMITS ....................................................................................................... 8 S3. ADDITIONAL DISCHARGE LIMITS ........................................................................ 11

A. Best Management Practices (BMPs) .........................................................................11 B. Not Cause or Contribute to a Violation of Standards ................................................11 C. Maintenance Shop Zero Discharge ............................................................................11 D. Unauthorized Use of Site ...........................................................................................12 E. Water Management ....................................................................................................12 F. Use of Chemical Treatment Products ........................................................................13 G. Discharges to Surface Water — Additional Effluent Limits .....................................14 H. Discharges to Groundwater — Additional Effluent Limitations ...............................14 I. Discharge to Sanitary Sewer ......................................................................................15 J. Inactive Sites ..............................................................................................................15

S4. MONITORING REQUIREMENTS .............................................................................. 15 A. Discharges to Surface Water ......................................................................................15 B. Discharges to Groundwater........................................................................................16 C. Monitoring at Inactive Sites .......................................................................................16 D. Sampling and Analytical Procedures .........................................................................16 E. Laboratory Accreditation ...........................................................................................19 F. Inspections .................................................................................................................19 G. Inspection Reports .....................................................................................................20 H. Exemption from Visual Monitoring...........................................................................21

S5. SITE MANAGEMENT PLAN (SMP) .......................................................................... 21 A. SMP Sections .............................................................................................................21 B. SMP Requirements ....................................................................................................21 C. Modifications of the SMP ..........................................................................................22 D. Site Map .....................................................................................................................22

S6. SMP SECTION 1: EROSION AND SEDIMENT CONTROL PLAN (ESCP) ............ 23 A. Stabilization BMPs ....................................................................................................23 B. Runoff Conveyance and Treatment BMPs ................................................................23

S7. SMP SECTION 2: MONITORING PLAN ................................................................... 24 A. Monitoring Plan and Content Requirements..............................................................24 B. Maintaining the Monitoring Plan ...............................................................................24

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Sand and Gravel General Permit Page 2

S8. SMP SECTION 3: STORMWATER POLLUTION PREVENTION PLAN (SWPPP) ............................................................................................................. 24

A. Measures to Prevent Commingling ............................................................................24 B. Runoff Conveyance and Treatment BMPs ................................................................25 C. Innovative BMPs .......................................................................................................25 D. Inventory of Materials and Pollutant Sources ............................................................25 E. Source Control BMPs ................................................................................................26 F. Concrete Recycling BMPs .........................................................................................28

S9. SMP SECTION 4: SPILL CONTROL PLAN............................................................... 28 A. Materials of Concern..................................................................................................28 B. Spill Control Plan Contents .......................................................................................29 C. Spill Response ............................................................................................................29

S10. REPORTING AND RECORD KEEPING REQUIREMENTS .................................... 29 A. Discharge Monitoring Reports ...................................................................................29 B. Production Number Range Reporting ........................................................................31 C. Additional Monitoring by the Permittee ....................................................................31 D. Records Retention ......................................................................................................31 E. Reporting Permit Violations ......................................................................................32 F. Spill Reporting ...........................................................................................................33

S11. SOLID WASTE DISPOSAL ......................................................................................... 33 A. Solid Waste Handling ................................................................................................33 B. Leachate .....................................................................................................................33 C. Recycle and Waste Material Other Than Concrete or Asphalt ..................................33

S12. PERMIT APPLICATION .............................................................................................. 34 A. How to Apply for Permit Coverage ...........................................................................34 B. Permit Coverage for Portable Facilities .....................................................................35 C. Permit Coverage Timeline .........................................................................................36 D. Reporting Change in Operating Status ......................................................................36 E. Terminating Coverage ...............................................................................................37 F. Transferring Permit Coverage ....................................................................................37

GENERAL CONDITIONS ........................................................................................................ 38 G1. SIGNATORY REQUIREMENTS................................................................................. 38 G2. DISCHARGE VIOLATIONS ....................................................................................... 39 G3. PROPER OPERATION AND MAINTENANCE ......................................................... 39 G4. REDUCED PRODUCTION FOR COMPLIANCE ...................................................... 39 G5. BYPASS PROCEDURES ............................................................................................. 39 G6. RIGHT OF INSPECTION AND ENTRY ..................................................................... 41 G7. [RESERVED] ................................................................................................................ 41 G8. NOTIFICATION OF CHANGE IN COVERED ACTIVITIES ................................... 41 G9. PERMIT COVERAGE REVOKED .............................................................................. 41

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Sand and Gravel General Permit Page 3

G10. GENERAL PERMIT MODIFICATION AND REVOCATION .................................. 42 G11. REPORTING A CAUSE FOR MODIFICATION ........................................................ 42 G12. TOXIC POLLUTANTS................................................................................................. 43 G13. OTHER REQUIREMENTS OF 40 CFR ....................................................................... 43 G14. COMPLIANCE WITH OTHER LAWS AND STATUTES ......................................... 43 G15. ADDITIONAL MONITORING .................................................................................... 43 G16. PAYMENT OF FEES .................................................................................................... 43 G17. REMOVED SUBSTANCES ......................................................................................... 43 G18. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A

GENERAL PERMIT ..................................................................................................... 43 G19. PERMIT TRANSFER ................................................................................................... 44 G20. DUTY TO REAPPLY ................................................................................................... 44 G21. UPSET ........................................................................................................................... 44 G22. PENALTIES FOR VIOLATING PERMIT CONDITIONS ......................................... 45 G23. APPEALS ...................................................................................................................... 45 G24. SEVERABILITY ........................................................................................................... 45 G25. PROPERTY RIGHTS .................................................................................................... 46 G26. DUTY TO COMPLY .................................................................................................... 46 G27. PENALTIES FOR TAMPERING ................................................................................. 46 G28. REPORTING ANTICIPATED NON-COMPLIANCE ................................................. 46 G29. REPORTING OTHER INFORMATION ...................................................................... 46 G30. DUTY TO MITIGATE .................................................................................................. 47

APPENDIX A —NAICS CODES, ECOLOGY CODES, SIC NUMBERS, AND DESCRIPTIONS FOR FACILITIES COVERED UNDER THIS PERMIT ................ 48

APPENDIX B — DEFINITIONS ................................................................................................ 54

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Sand and Gravel General Permit Page 4

SUMMARY OF REQUIRED FORMS AND REPORTS The table below lists forms and reports that must be submitted in order to be in compliance with this permit. Additional reporting and submission requirements can also be found in the Special and General Conditions of this permit.

Summary of Required Forms and Reports

Permit Section Forms and Reports Description Frequency First Due Date

Reporting

S10.B Report of Production Numbers

Reporting of Production Number Range for Fee Purposes

Annually January 30, 2017

S10.A Discharge Monitoring Report (DMR)

Report of Monitoring Results and Observations

Quarterly April 30, 2016

S10.E Reporting Permit Violations

Verbal and Written Notification of Permit Violations

Each Noncompliance

Within 24 hours and in 5 days

S10.F Spill Reporting Verbal Report of Spills to Waters of the State

EachNoncompliance Immediately

G5 Notification of Overflow or Bypass As Necessary As necessary

Application

S12.A, S12.B, G20 Permit Application Appling for Permit Coverage, Application,

Application for Permit Renewal As Necessary and 1/Cycle

As Necessary, and Renewal

Application Due July 4, 2020

S12.B.1 Portable Beginning of

Operation Notice Form (ECY 070-36)

Application to operate at a new site and site restoration plan As Necessary

10 days before beginning operations

S12.B.2 Portable Completion of Operation Notice Form

(ECY 070-30) Certification that site has been restored As Necessary When site has

been restored

Changes

S12.D, G11 Operating Status ChangeForm (ECY 070-33) To Change Inactive or Active Status Each Change Within 10 days

S12.E, S12.F, G19

Change Request Form (ECY 070-32)

Cancellation of Coverage, Change Facility Name With No Ownership Change, Transfer Permit Coverage To a New

Owner or Operator

Each Change Prior to eachchange

S12.A, S12.B, G11 Permit Application Application for a Significant

Process Change As Necessary As Necessary

Other

S.10.A.5

“Electronic Signature Account Form” (ESAF) or

an “Electronic Waiver Request” form

(ECY 070-381)

Ecology will e-mail an ESAF when the Permittee sets up their Electronic

Signature Account. Permittees that already have an account do not need to

resubmit an ESAF.

1/Permit Cycle May 1, 2016

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Sand and Gravel General Permit – Formal Draft 2014

Page 5

SPECIAL CONDITIONS

S1. PERMIT COVERAGE

A. Coverage Under This Permit This general permit covers discharges from facilities in Washington State that conduct activities designated by one or more of the North American Industry Classification (NAICS1) Codes or activities listed in Table 1.

Table 1: NAICS/Ecology Codes and Activities Covered by the Sand and Gravel General Permit2 NAICS/

Ecology Code Sand and Gravel Activities

113110 Timber Tract Operations (Rock crushing and/or gravel washing facilities associated with silvicultural point sources)

113310 Logging (Rock crushing and/or gravel washing facilities associated with silvicultural point sources)

212311 Dimension Stone Mining and Quarrying 212312 Crushed and Broken Limestone Mining and Quarrying 212313 Crushed and Broken Granite Mining and Quarrying 212319 Other Crushed and Broken Stone Mining and Quarrying 212321 Construction Sand and Gravel Mining 212322 Industrial Sand Mining 212324 Kaolin and Ball Clay Mining 212325 Clay and Ceramic and Refractory Minerals Mining 212399 All Other Nonmetallic Mineral Mining 324121 Asphalt Paving Mixture and Block Manufacturing 327320 Ready-Mix Concrete Manufacturing 327331 Concrete Block and Brick Manufacturing 327332 Concrete Pipe Manufacturing 327390 Other Concrete Product Manufacturing 327999 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing ECY001 Asphalt Recycling ECY002 Concrete Recycling

1 Italicized words in this permit are defined in Appendix B. 2 Refer to Appendix A for descriptions and corresponding Standard Industrial Classification (SIC) codes.

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S1.B.1 S1.C.1

Sand and Gravel General Permit Page 6

B. Coverage for Similar Facilities In addition to the activities listed in Table 1, similar activities may be required to obtain coverage under this general permit. This applies when the facility meets all of the criteria in 1-4 below:

1. Ecology determines the discharge characteristics are similar to those from thefacilities and activities listed in Table 1.

2. The facility has one or more of the following characteristics:

a. Owned or operated by private entities, the State of Washington or localgovernments.

b. The discharge is to groundwater.

3. And, the facility has one or more of the following characteristics or processes:

a. Any facility that ditches, routes, collects, contains, or impounds process water,mine dewatering water, or Type 3 stormwater.

b. Any facility that discharges stormwater, mine dewatering water, or processwater to surface waters of the state.

c. Any facility that discharges to a municipal storm sewer.

d. Any facility with a discharge to surface water or groundwater that operates aconcrete batch plant or a hot mix asphalt plant that uses a wet scrubber for airemissions control.

e. Any facility located inside a designated wellhead protection area.

f. Any silvicultural point source.

g. Any facility that recycles concrete or asphalt concrete.

4. The permit conditions satisfy applicable state and federal requirements.

C. Facilities Excluded From Coverage Under This Permit 1. Ecology will not provide coverage under this general permit for activities listed in

S1.A and B above when the facility:

a. Has a pit design that will intercept more than one aquifer.

b. Discharges to a water body with a Total Maximum Daily Load (TMDL) forturbidity, fine sediment, pH or temperature unless:

i. The Permittee complies with S3.G.2-5.

ii. The requirements of this general permit are adequate to provide the level ofprotection required by the TMDL or control plan.

c. Discharges or proposes to discharge to a segment of a waterbody that is listedpursuant to Section 303(d) of the Clean Water Act, and discharges or proposes

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S1.C.1

Sand and Gravel General Permit Page 7

S1.D

to discharge a listed pollutant at a concentration or volume that will cause or

contribute to a violation of the applicable water quality standard.

d. Uses material for reclamation or backfill that is not inert and also is not coveredby a Department of Natural Resources reclamation permit.

e. Conducts mining operations below the ordinary high water mark in a river orstream channel.

f. Would impair adjacent water rights as a result of pit operations lowering thewater table.

g. Discharges on Federal Land or facilities located on “Indian Country” as definedin 18 U.S.C. § 1151, except portions of the Puyallup Reservation as notedbelow.

Indian Country includes:

i. All land within any Indian Reservation notwithstanding the issuance of anypatent, and, including rights-of-way running through the reservation. Thisincludes all federal, tribal, and Indian and non-Indian privately owned landwithin the reservation.

ii. All off-reservation Indian allotments, the Indian titles to which have notbeen extinguished, including rights-of-way running through the same.

iii. All off-reservation federal trust lands held for Native American Tribes.

Puyallup Exception: Following the Puyallup Tribes of Indians Settlement Act of 1989, 25 U.S.C. § 1773; the permit does not apply to land within Puyallup Reservation except for, discharges to surface water on land held in trust by the federal government.

Any facility excluded from coverage under conditions S1.C.1.a-f must apply to Ecology for an individual discharge permit; unless the activity is regulated under permit requirements of another section of the Federal Clean Water Act.

2. Ecology will not provide coverage under this general permit for any facility coveredunder a National Pollutant Discharge Elimination System (NPDES) permit or statewaste discharge individual permit, which addresses the same activities andpollutants.

D. Other/Unpermitted Site Uses This permit does not cover any discharge from uses unrelated to the NAICS Codes or activities listed in Table 1 or other similar activities per S1.B. No discharge is allowed from any activities unless it is either covered under this permit’s NAICS/Ecology Code criteria, results from a similar activity per S1.B, or is covered by a separate individual wastewater discharge permit.

Page 34: ICON MATERIALS SEATTLE ASPHALT PLANT

S1.E.1 S2

Sand and Gravel General Permit Page 8

E. Authorization 1. The Permittee is authorized to discharge process water, mine dewatering water, and

stormwater to surface water, groundwater, or both at the permitted location for theactivities listed in the Permittee’s coverage page.

2. Permittees must notify the appropriate regional Ecology office to:

a. Add, remove, or revise authorized activities listed in their coverage page.

b. Add, remove, or revise a discharge to surface water.

c. Add a new type of discharge of process water or mine dewatering water.

3. All discharges and activities authorized by this permit must be consistent with theterms and conditions of this permit.

S2. EFFLUENT LIMITS

Permittees must comply with the following effluent limits and monitoring requirements for process water, mine dewatering water, and stormwater. If the discharges from two or more industrial activities are combined, the most stringent effluent limits applies.

New facilities may be required to conduct additional monitoring, refer to S12.A.2 and S12.A.3.

Page 35: ICON MATERIALS SEATTLE ASPHALT PLANT

Table 2: Effluent Limits and Monitoring Requirements for Process Water and Mine Dewatering Water Ty

pe

NAICS Code (see

Appendix A)

Discharge to:pH Turbidity (NTU)

Total Suspended Solids (TSS) Oil Sheen 3 Total Dissolved

Solids (TDS)Min Max Average

Monthly Maximum Daily

Average Quarterly

Proc

ess

Wat

er, M

ine

Dew

ater

ing

Wat

er

113110, 113310, 212312, 212313,

2123194, 212399

SurfaceQuarterly1 Two/Month2 Quarterly1 Daily when runoff

occurs ----

6.5 8.5 50 50 40 mg/l No Discharge ----

GroundQuarterly1 ---- ---- Daily when runoff

occurs ----

6.5 8.5 ---- ---- Visible Sheen ----

212321 Surface

---- Two/Month2 Quarterly1 Daily when runoff occurs ----

---- 50 50 25 mg/l No Discharge ----

Ground ---- Daily when runoff occurs ----

---- ---- ---- No Discharge ----

212311, 212324, 212325,

Surface ----Surface Water Discharge Not Permitted----

Ground Quarterly1 ---- ---- Daily when runoff occurs ----

6.5 8.5 ---- ---- No Discharge ----

212322

Surface---- Two/Month2 Quarterly1 Daily when runoff

occurs ----

---- ---- 50 50 25 mg/l No Discharge ----

Ground---- ---- ---- Daily when runoff

occurs ----

---- ---- ---- ---- No Discharge ----

327320, 327331 327332, 327390, 327999, ECY002

SurfaceOne/Month Two/Month2 Quarterly1 Daily when runoff

occurs

6.5 8.5 50 50 40 mg/l Visible Sheen

GroundOne/Month ---- Daily when runoff

occurs Monthly

6.5 8.5 ---- Visible Sheen 500 mg/l

3241215, ECY001

Surface ----Surface Water Discharge Not Permitted----

Ground One/Month ---- ---- Daily when runoff occurs ----

6.5 8.5 ---- ---- Visible Sheen ---- Notes for Tables 2 and 3 are on the next page.

Page 36: ICON MATERIALS SEATTLE ASPHALT PLANT

Table 3: Effluent Limits and Monitoring Requirements for Type 2 and Type 3 Stormwater

Notes for Tables 2 and 3: 1. Quarterly means at least one sample in each of the periods of January to March, April to June, July to September, and October to December.

2. When required to sample turbidity twice a month, there must be at least 24 hours between sampling.

3. The discharge of sheen or petroleum products to waters of the state is a violation and must be reported as a violation. The presence of a visiblesheen at a discharge point is not a violation if there is no discharge of sheen or petroleum products to water of the state and if the Permitteecorrects the problem in a timely manner, notes the occurrence in their Discharge Monitoring Report (DMR), explains in the DMR the cause,and describes the solution. (Also see conditions S4.F.2, S5.C, S9.C and S10.E)

4. The discharge of process water associated with bitumens (native mining), bituminous limestone quarrying, bituminous sandstone quarrying tosurface water is prohibited.

5. The discharge of process water from wet scrubbers to groundwater is prohibited.

Type

NAICS Code (see Appendix A)

Discharge to:

pH Turbidity (NTU) Oil Sheen 3

Min Max Average Monthly

Maximum Daily

Stor

mw

ater

(Ty

pe 2

and

3)

Type

2 m

onito

ring

only

app

licab

le d

urin

g ea

rth

mov

ing

activ

ities

327320, 327331, 327332, 327390, 327999, ECY002

Surface One/Month Two/Month2 Daily when runoff

occurs 6.5 8.5 50 50 No Discharge

Ground One/Month ---- Daily when runoff

occurs 6.5 8.5 ---- No Discharge

113110, 113310, 212312, 212313, 212319, 212399, 212324, 212325, 324121, ECY001

Surface Quarterly1 Two/Month2 Daily when runoff occurs

6.5 8.5 50 50 No Discharge

Ground Quarterly1 ---- Daily when runoff

occurs 6.5 8.5 ---- No Discharge

212311, 212321, 212322

Surface ---- Two/Month2 Daily when runoff occurs

---- ---- 50 50 No Discharge

Ground ---- ---- Daily when runoff

occurs ---- ---- ---- ---- No Discharge

Page 37: ICON MATERIALS SEATTLE ASPHALT PLANT

S3.A.1 S3.C.4

Sand and Gravel General Permit Page 11

S3. ADDITIONAL DISCHARGE LIMITS

A. Best Management Practices (BMPs) 1. The Permittee must implement Best Management Practices (BMPs) as necessary to

provide all known, available, and reasonable methods of prevention, control, andtreatment (AKART). And implement any additional BMPs as necessary to complywith state water quality standards.

2. The Permittee must inspect, maintain, and repair all BMPs to ensure continuedperformance of their intended function.

3. Stormwater BMPs must be consistent with one of the following conditions:

a. The Stormwater Management Manual for Western Washington (SWMMWW),for sites west of the crest of the Cascade Mountains.

b. The Stormwater Management Manual for Eastern Washington (SWMMEW),for sites east of the crest of the Cascade Mountains.

c. Other equivalent stormwater management guidance documents which have beensubject to public review and comment and approved by Ecology.

d. Documentation in the SWPPP that the BMPs selected provide an equivalentlevel of pollution prevention, compared to the applicable StormwaterManagement Manual, including:

i. The technical basis for the selection of all stormwater BMPs (scientific,technical studies, and/or modeling) which support the performance claimsfor the BMPs being selected.

ii. An assessment of how the selected BMP will satisfy AKART requirementsand the applicable federal technology-based treatment requirements under40 CFR part 125.3.

B. Not Cause or Contribute to a Violation of Standards Discharges must not cause or contribute to a violation of: Groundwater Quality Standards (Chapter 173-200 WAC), Surface Water Quality Standards (Chapter 173-201A WAC), or Sediment Management Standards (Chapter 173-204 WAC) of the State of Washington; and 40 CFR 131.

C. Maintenance Shop Zero Discharge No wastewater shall be discharged to surface water or groundwater from a maintenance shop unless all of the following criteria apply:

1. The maintenance shop exists at the time permit coverage begins.

2. A discharge to sanitary sewer is not available.

3. Adequate treatment before discharge is provided.

4. The discharge will not cause or contribute to a violation of the surface water orground water quality standards.

Page 38: ICON MATERIALS SEATTLE ASPHALT PLANT

S3.D S3.E.4

Sand and Gravel General Permit Page 12

D. Unauthorized Use of Site The Permittee must maintain and manage permitted sites to prevent unauthorized activities such as illegal dumping, spilling, or other misuse of the site that could discharge pollutants to waters of the state. Appropriate site management may include, but is not limited to, visual inspections, signage, and physical security measures.

E. Water Management 1. Any ditch, channel, or other Best Management Practices (BMPs) used for routing

water must be designed, constructed, and maintained to contain all flows exceptwhen:

a. Designed to infiltrate Type 1 stormwater.

b. Precipitation exceeds the design storm (10-year, 24-hour event).2. Lined Impoundment Required

This permit prohibits the direct discharge of process water from Concrete BatchPlants (NAICS 327320) and Asphalt Batch Plants (NAICS 324121), including anywastewater from truck wash-out areas, except to a lined impoundment. The linedimpoundment must have adequate structural load-bearing design to support anymechanical method used for sludge removal and must be maintained to prevent anydischarge to groundwater. After treatment, the Permittee may discharge wastewatersubject to the limits set forth in Conditions S2 and other parts of this section (S3).At a minimum, the lined impoundment must meet one of the following designstandards.

The Liner must be constructed of:

a. Synthetic or flexible membrane material, not less than 30 mils thick (40 mils fornew installations after the effective date of this permit), that must not react withthe discharge.

b. Concrete with a minimum thickness of 6 inches.

c. Asphalt with a minimum thickness of 6 inches.

d. Steel-walled containment tank.

e. Any other functionally equivalent impoundment, structure, or technique that isbased on standard engineering practices, and approved by Ecology to meet theintent of this section.

3. Impoundment Capacity

Any impoundment must have adequate capacity to provide treatment for waterquality and flow control of wastewater. The design storm for calculating the sizerequired for the impoundment is the 10-year, 24-hour precipitation event.

4. The Permittee must inspect the structural integrity of a lined impoundmentwhenever sludge removal occurs and, before refilling, make any repairs necessary toensure that the lined impoundment functions to prevent discharges as intended.

Page 39: ICON MATERIALS SEATTLE ASPHALT PLANT

S3.E.4 S3.F.4

Sand and Gravel General Permit Page 13

Continuous removal systems must draw down the impoundment periodically for inspection.

5. Mined Pit Pond

Discharges to a mined pit pond are not required to comply with TSS and turbiditylimits prior to final reclamation. When reclamation is complete, discharges to thepond must not cause or contribute to a violation of surface water quality standards(Chapter 173-201A WAC).

6. The Permittee must not discharge Type 3 stormwater from an asphalt plant, concretebatch plant, asphalt release agent application area, or concrete truck washout areainto a pit or excavation that penetrates the water table.

F. Use of Chemical Treatment Products 1. Document Use - The Permittee, upon application for coverage under this permit

must document the use of any chemical treatment additives or soil stabilizationpolymers used to:

a. Treat water discharged to waters of the state.

b. Stabilize soils.

c. Suppress dust.

Documentation must identify the chemicals used, their commercial source, the Safety Data Sheet, and the application rate. The Permittee must retain this information on site or within reasonable access to the site and make it immediately available, upon request, to Ecology. The Permittee must notify Ecology prior to use of any new chemicals discharging to surface waters or of any significant change in application rates of chemicals discharging to surface waters.

2. Apply as Instructed by the Manufacturer – The Permittee must apply chemicals usedto enhance solids settling before discharge to waters of the state, to stabilize soils, orabate dust according to the manufacturer’s instructions and may only use a chemicalif the toxicity to aquatic organisms is known. The Permittee may only use chemicalsto stabilize soils if the stormwater from the chemical application area is routed toand treated by a stormwater detention pond.

3. The Permittee must not use ligninsulfonate for dust suppression in excavated areas,including areas where topsoil has been removed.

4. Additional Restrictions – In addition, chemical treatment/soil stabilization mustmeet one of the following conditions. It must:

a. Be consistent with the Stormwater Management Manuals.b. Be consistent with other methods approved per the Chemical Technology

Assessment Protocol – Ecology (C-TAPE) program.

c. Use chemical treatment additives at a dosing rate resulting in no toxicity in theeffluent or stormwater discharge.

Page 40: ICON MATERIALS SEATTLE ASPHALT PLANT

S3.G.1 S3.H.2

Sand and Gravel General Permit Page 14

G. Discharges to Surface Water — Additional Effluent Limits 1. Discharges must not cause a visible increase in turbidity or objectionable color; or

cause visible oil sheen in the receiving water.

2. New facilities and existing facilities must comply with TMDL wasteload allocations(for turbidity, fine sediment, pH and/or temperature) developed from a TMDLwhich was completed prior to the date permit coverage is issued.

3. New facilities that propose to discharge to an impaired water body that is on thecurrent EPA-approved 303(d) list, but without a completed TMDL, must notdischarge the listed pollutant (turbidity, fine sediment (TSS), pH or temperature) ata concentration or volume that will cause or contribute to a violation of theapplicable water quality standard in the receiving water.

4. Existing facilities that discharge to an impaired waterbody on the current EPA-approved 303(d) list must not increase their loading or concentration of the listedpollutant (turbidity, fine sediment measured as TSS, pH, or temperature) for theduration of the coverage of this permit or until a wasteload allocation is assigned tothe Permittee from a TMDL approved by the United States EnvironmentalProtection Agency.

5. No Permittee may discharge pollutants in excess of levels established in a wasteloadallocation in a TMDL approved by the United States Environmental ProtectionAgency.

a. Where an applicable TMDL has established a general waste load allocation forfacilities covered by this permit but has not identified facility-specificrequirements, compliance with conditions S2 through S5 will constitutecompliance with the TMDL.

b. Where an applicable TMDL has not specified a waste load allocation forfacilities covered by this permit, but has not excluded these discharges,compliance with this permit will constitute compliance with the TMDL.

c. Where an applicable TMDL assigns a wasteload allocation to a specific facility,Ecology will implement the wasteload allocation by issuing a modified coverageor an administrative order.

H. Discharges to Groundwater — Additional Effluent Limitations The Permittee is authorized to discharge process water, mine dewatering water, and stormwater to groundwater at the permitted location subject to the numeric effluent limitations in S2. If the Permittee combines discharges from two or more industrial activities, the most stringent effluent limit for each parameter applies.

1. There must be no visible oil sheen at any points of discharge to groundwater.

2. Any discharge to a pond, lagoon, or other type of impoundment or storage facilitythat is unlined is considered a discharge to groundwater and is subject to thegroundwater quality standards (Chapter 173-200 WAC). Water ponding at a facilitycan be considered a discharge to groundwater.

Page 41: ICON MATERIALS SEATTLE ASPHALT PLANT

S3.I.1 S4.A.2

Sand and Gravel General Permit Page 15

If a Permittee discharges wastewater below the surface of the ground, such as to a dry well, drainfield, or injection well it must comply with the Underground Injection Control Program regulations (Chapter 173-218 WAC).

I. Discharge to Sanitary Sewer Discharge of stormwater to sanitary sewers is subject to the following conditions:

The Permittee may discharge stormwater to a non-delegated POTW only upon written approval by Ecology. The Permittee must submit a request to Ecology demonstrating that:

1. No other option is feasible or reasonable.

2. The POTW has excess wet season hydraulic capacity (no sanitary sewer overflowsor treatment system bypasses).

3. The POTW is willing to accept the discharge.

4. The hydraulic loading to the POTW will be reduced by eliminating the clean waterthat can be directly discharged directly without causing pollution.

The request must also certify that the Permittee is routinely implementing all applicable BMPs.

Discharges to sanitary sewer must meet the discharge restrictions of 40 CFR 403.

J. Inactive Sites 1. No excavation (except for BMP maintenance) is allowed at an inactive site. All

inactive sites are subject to the discharge limits per S2. Refer to S4.C for monitoringrequirements at inactive sites.

2. Inactive sites must have appropriate BMPs in place and functioning.

3. At Inactive sites either:

a. Have a Registered Professional Engineer certify every three years that thefacility complies with this general permit.

b. Or, annually conduct a Wet Season Inspection, per S4.F.3.a, and certify that thefacility complies with this general permit.

The Permittee must maintain the certification(s) as part of the Site Management Plan.

S4. MONITORING REQUIREMENTS

A. Discharges to Surface Water 1. The Permittee must monitor discharges of process water, mine dewatering water,

Type 2 stormwater and Type 3 stormwater to surface waters of the state, or to astorm sewer that drains to surface waters of the state per S2.

2. The Permittee must representatively sample discharges to surface water.Representative sampling of Type 2 stormwater and Type 3 stormwater requires asufficient number of monitoring points to represent differences in stormwater

Page 42: ICON MATERIALS SEATTLE ASPHALT PLANT

S4.A.2 S4.D.5

Sand and Gravel General Permit Page 16

quality. The Permittee must collect samples as close to the point where the discharge comes into contact with the receiving water as is reasonably achievable.

B. Discharges to Groundwater 1. The Permittee must monitor all discharges of process water, mine dewatering water,

Type 2 stormwater and Type 3 stormwater to groundwater per S2.

2. The Permittee is required to representatively sample discharges to ground.Representative sampling may include sampling groundwater quality frommonitoring wells in accordance with an Ecology-approved groundwater impactstudy based on Ecology Publication 96-02 (Implementation Guidance for theGroundwater Quality Standards).

C. Monitoring at Inactive Sites 1. All inactive sites that have a discharge of process water and/or mine dewatering

water must monitor per S4.A and S4.B.

2. Stormwater monitoring is required at inactive sites when both of the followingconditions apply:

a. The Permittee or operator adds or withdraws raw materials or finished productsfrom stockpiles during the calendar quarter.

b. The site has a discharge of stormwater to surface waters of the state.

3. Unless required per S4.C.1 and/or S4.C.2, stormwater monitoring is not required atinactive sites.

D. Sampling and Analytical Procedures 1. Where a discharge combines two or more industrial activities and each activity

requires the same monitoring parameter and frequency, only one sample andanalysis for that parameter will be required.

2. Samples and measurements taken to meet the requirements of this permit mustrepresent the volume and nature of the monitored parameters, includingrepresentative sampling of any unusual discharge or discharge condition, includingbypasses, upsets, and maintenance-related conditions affecting effluent quality.

3. Collect samples taken to meet the requirements of this general permit during thefacility’s normal working hours and while processing at normal levels.

4. No sampling is required of water held in a lined impoundment that is designed,constructed, and maintained in accordance with Special Condition S3.E.2.Discharges from a lined impoundment to waters of the state must be sampled per theconditions in this permit.

5. Sampling and analytical methods used to meet the monitoring requirementsspecified in this permit must conform to the Guidelines Establishing TestProcedures for the Analysis of Pollutants contained in 40 CFR Part 136. Table 4lists the recommended analytical methods from 40 CFR Part 136 for the parameterslisted in S2.

Page 43: ICON MATERIALS SEATTLE ASPHALT PLANT

S4.D.6 S4.D.7

Sand and Gravel General Permit Page 17

6. The Permittee must ensure laboratory results comply with the quantitation level(QL) specified in Table 4. However, if an alternate method from 40 CFR Part 136 issufficient to produce measurable results in the sample, the Permittee may use thatmethod for analysis. Report any alternative test methods used, and the QL, on thedischarge monitoring report. If the Permittee is unable to obtain the required QL dueto matrix effects, the Permittee must report the matrix-specific method detectionlevel (MDL) and QL on the DMR.

7. The Permittee must record, for each measurement or sample taken, the followinginformation:

a. The date, exact place, method, and time of sampling.

b. The individual who performed the sampling or measurement.

c. The dates the analyses were performed.

d. The individual or lab which performed the analyses.

e. The analytical techniques or methods used.

f. The results of all analyses.

Page 44: ICON MATERIALS SEATTLE ASPHALT PLANT

Sand and Gravel General Permit Page 18

Table 4 Recommended Analytical Methods and Laboratory Quantitation Levels for Monitoring Parameters

Parameter Units Analytical Method

Laboratory Quantitation Level

Laboratory Accreditation Required Preservation1

Maximum Holding Time

Description

pH SU SM4500-H+B N/A No/Yes, if testing is performed by an accredited laboratory

None required Analyze within 15 minutes

Use a calibrated pH meter.

Turbidity NTU SM2130-B-2001 0.1

No/Yes, if testing is performed by an accredited laboratory

Cool, ≤ 4 °C 48 hours Use a calibrated turbidimeter.

Total Suspended Solids (TSS)

mg/l SM2540-D 5 Yes Cool, ≤ 6 °C 7 days

The sample is filtered and the residue retained on the filter is dried. The increase in weight of the filter represents the total suspended solids.

Oil Sheen Yes/No Observation N/A N/A N/A N/A Look for visible sheen

Total Dissolved Solids (TDS)

mg/l SM2540-C 20 Yes Cool, ≤ 6 °C 7 days

The sample is filtered and the filtrate is evaporated to dryness and dried. The increase in dish weight represents the total dissolved solids.

Note:

1. Refer to the analytical methods for additional details on preservation methods.

Page 45: ICON MATERIALS SEATTLE ASPHALT PLANT

S4.E S4.F.3

Sand and Gravel General Permit Page 19

E. Laboratory Accreditation The Permittee must ensure that all monitoring data required by Ecology is prepared by a laboratory registered or accredited under the provisions of chapter 173-50 WAC, Accreditation of Environmental Laboratories. Flow, temperature, turbidity, settleable solids, conductivity, pH, and internal process control parameters are exempt from this requirement. The Permittee or laboratory must obtain accreditation for conductivity, turbidity, and pH if accreditation or registration is required for other parameters (eg. TSS or TDS).

F. Inspections 1. The Permittee must conduct a visual inspection of each point of discharge to surface

water at least once a month when discharges occur. The date of the inspection, andany visible change in turbidity or color in the receiving water caused by thedischarge, must be recorded and filed with the monitoring plan required byCondition S7.

2. When equipment operates:

a. The Permittee must inspect oil/water separators once per month during the wetseason (October 1 – April 30) and during and immediately after a large stormevent of greater than or equal to 1 inch per 24 hours. The accumulated oil mustbe removed when it reaches a thickness of 1 inch. The bottom sludge must beremoved when it reaches a thickness of 6 inches. Oil absorbent pads must bereplaced as necessary to maintain effectiveness.

b. The Permittee must inspect all operationally related equipment and vehiclesweekly for leaking fluids such as oil, hydraulic fluid, antifreeze, etc.

c. Permittees must conduct daily visual monitoring for oil sheen at all surfacewater and groundwater discharge points (or representative locations wherewater collects prior to discharge) when runoff occurs.

d. If oil sheen is present, the Permittee must clean up the source and report theevent on the inspection form identifying the probable cause of the oil sheen anddescribing the actions taken to prevent further contamination (See Condition S2,Tables 2 and 3, footnote 3).

e. The presence of a visible sheen on site is not a violation if there is no dischargeof sheen or petroleum products to water of the state and if the Permittee correctsthe problem in a timely manner. (See Condition S2, Tables 2 and 3, footnote 3,and conditions S5.C, S9.C and S10.E).

3. The Permittee must conduct at least two stormwater inspections each year at allactive sites covered under this permit. The Permittee must conduct at least oneinspection during the wet season (October 1 – April 30) and at least one inspectionduring the dry season (May 1 – September 30).

a. Wet Season Inspection

The wet season inspection must be conducted by personnel named in theSWPPP and must include observations for the presence of floating materials,

Page 46: ICON MATERIALS SEATTLE ASPHALT PLANT

S4.F.3 S4.G.1

Sand and Gravel General Permit Page 20

suspended solids, oil and grease, discoloration, turbidity, odor, etc. in the stormwater discharge(s).

The Permittee must conduct the inspection during a rainfall event adequate in intensity and duration to verify that:

i. The description of potential pollutant sources (as defined in S8.D) requiredunder this permit is accurate.

ii. The Permittee has updated or otherwise modified the site map as required inthe SMP (S5.D) to reflect current conditions.

iii. The Permittee is implementing controls which are adequate to reducepollutants in stormwater discharges associated with industrial activityidentified in the SWPPP.

b. Dry Season Inspection

The dry season inspection must be conducted by personnel named in the SWPPPand after at least seven (7) consecutive days of no precipitation. The inspectionmust determine the presence of non-stormwater discharges such as processwater to the stormwater drainage system. If a discharge related directly orindirectly to process water is discovered, the Permittee must comply with non-compliance notification requirements of Special Condition S10.E and musteliminate the discharge within ten (10) days. If the Permittee cannot eliminatethe discharge within ten days, the discharge must be considered process waterand subject to all process water conditions of this general permit. The inspectionshall also include review of the implementation of BMPs to ensure that theSWPPP is fully implemented.

4. Erosion and Sediment Control Inspections

At active sites conducting earth moving activities that discharge to surface water,the Permittee must inspect all on-site erosion and sediment control BMPs at leastonce every seven days, and within 24 hours after any storm event of greater than 0.5inches of rain per 24 hour period. The Permittee must maintain a file containing alog of observations and corrective actions as part of the Erosion and SedimentControl Plan (ESCP).

G. Inspection Reports 1. The Permittee must prepare and retain a report on each inspection. The report must

include:

a. A summary of the inspection.

b. The names of personnel that conducted the inspection.

c. The date(s) of the inspection.

d. Observations relating to the implementation of the Site Management Plan(SMP).

e. Any actions taken as a result of the inspection.

Page 47: ICON MATERIALS SEATTLE ASPHALT PLANT

S4.G.2 S5.B.4

Sand and Gravel General Permit Page 21

f. Any corrective actions or maintenance tasks needed.

2. Completed inspection forms, logs, checklists, or records used to meet othergovernmental agency requirements (e.g. Washington State Department ofTransportation or Mine Safety and Health Administration requirements) may beacceptable as inspection reports provided they address the items in S4.G.1 of thepermit.

3. The responsible party must sign the reports in accordance with General ConditionG1 and must certify that the Permittee has investigated the discharge of stormwaterfor the presence of non-stormwater.

H. Exemption from Visual Monitoring The permittee may request an exemption from visual monitoring for any outfall where there is no safe access point from which to monitor the outfall. The permittee must specify the latitude and longitude of the location and the reason for exemption in an email or letter to Ecology. The permittee must keep any visual monitoring exemption approvals in the SMP.

S5. SITE MANAGEMENT PLAN (SMP)

A. SMP Sections The Site Management Plan (SMP) consists of a site map and 4 main sections:

1. Erosion and Sediment Control Plan (ESCP)

2. Monitoring Plan

3. Stormwater Pollution Prevention Plan (SWPPP)4. Spill Control Plan

The Permittee may include in the SMP, by reference, applicable portions of plans prepared for other purposes (e.g. Pollution Prevention Plan prepared under the Hazardous Waste Reduction Act, Chapter 70.95C RCW). The referenced plans must be available on site or within reasonable access to the site and become enforceable requirements of the SMP.

B. SMP Requirements The Permittee must:

1. Have and fully implement a site specific SMP.

2. Review the SMP at least once a year. Note the date of review and the name(s) of thepersonnel that conducted the review in the SMP.

3. Retain and provide the SMP per the requirements in S10.D.

4. The responsible party, as identified in General Condition G1, must sign the SMPand all of its modifications.

Page 48: ICON MATERIALS SEATTLE ASPHALT PLANT

S5.C.1 S5.D.4

Sand and Gravel General Permit Page 22

C. Modifications of the SMP 1. The Permittee must review and modify the SMP whenever there is a violation of

discharge limits in Special Conditions S2 and S3. Additional or modified BMPsmust be implemented as soon as practicable but not to exceed 10 days, except forthose circumstances that require additional time (such as obtaining other permits orpurchasing equipment). Allowance of time beyond 10 days must be requested ofand approved by Ecology.

2. Ecology may require the Permittee to modify the SMP for non-compliance with theminimum requirements of this section. The Permittee must then complete SMPmodifications and implement additional or modified BMPs as soon as practicable oras directed by Ecology.

3. The Permittee must update the SMP as necessary to respond to changes in facilityand site conditions.

D. Site Map Permittees must have a site map. The site map should show and identify the following features and areas associated with industrial activities:

1. The site map scale, or include relative distances between significant structures anddrainage systems.

2. Outfalls, monitoring points:

a. Assign a unique identifier up to four characters (e.g. S001, S002, etc.) to eachoutfall and monitoring point. The Permittee must use these identifiers onDischarge Monitoring Reports (DMRs).

b. Show the drainage area for each point.

c. Label the types of discharges that occur at each point (e.g. process water, minedewatering water and stormwater).

d. Label whether the discharge is to surface water or groundwater.

3. Drainage features:

a. Drainage direction, flow paths, ditches, ponding areas, and discharge structures.

b. Nearby and on-site surface water bodies (including any known underlyingaquifers).

c. Lands adjacent to the site where helpful in identifying discharge points ordrainage routes.

4. Industrial areas:

a. Paved areas and buildings.

b. Vehicle and equipment cleaning or washout areas.

c. Vehicle and equipment maintenance areas.

d. Outdoor storage areas of materials or products.

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e. Outdoor processing areas.

f. Loading and unloading of dry bulk materials or liquids.

g. On-site waste treatment, storage, or disposal areas.

h. Underground storage areas of materials or products.

S6. SMP SECTION 1: EROSION AND SEDIMENT CONTROL PLAN (ESCP)

The Permittee must prepare an ESCP prior to any earth moving activities. The ESCP must identify and describe the erosion and sediment control BMPs that the Permittee will implement at the facility and a schedule for BMP implementation.

A. Stabilization BMPs The Permittee must initiate stabilization BMPs as soon as practicable on portions of the site where mining or reclamation activities have temporarily or permanently ceased. The Permittee must:

1. Stabilize and protect all soils from erosion by the timely application of effectiveBMPs.

2. Preserve existing vegetation where feasible. Permanently mark areas that are not tobe disturbed; these include setbacks, sensitive/critical areas and their buffers, trees,and drainage courses.

3. Design and construct cut slopes and fill slopes in a manner that will minimizeerosion.

4. Provide stabilization at the outlets of all conveyance systems to prevent erosion.

B. Runoff Conveyance and Treatment BMPs The ESCP must include a description of runoff conveyance and treatment BMPs used to prevent erosion and sedimentation. The plan must satisfy the following requirements. The Permittee must:

1. Protect properties adjacent to the project site from erosion and sedimentation relatedto the facility.

2. Construct sediment ponds and traps, perimeter dikes, sediment barriers, and otherBMPs intended to trap sediment on site as a first step. These BMPs must befunctional before land is disturbed. Stabilize slopes of earthen structures used forsediment control such as dams, dikes, and diversions immediately afterconstruction.

3. Design any BMP constructed at an active site to maintain separation of Type 2stormwater from Type 3 stormwater and Type 1 stormwater during the peak flowfrom the design storm. If any commingling of Type 1, Type 2, or Type 3 stormwateroccurs, the Permittee must meet the most restrictive permit requirements.

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S7. SMP SECTION 2: MONITORING PLAN

At active sites, and inactive sites where monitoring is required per S4.C.1 and/or S4.C.2, Permittees must maintain and comply with a monitoring plan developed in accordance with Special Conditions S2, S3, and S4.

A. Monitoring Plan and Content Requirements The monitoring plan must at a minimum:

1. Identify all the industrial activities at the site. Include the NAICS / Ecology codesassociated with each monitoring point.

2. Include all of the applicable parameters and monitoring frequencies identified in thispermit as monitoring requirements.

3. The plan must identify enough monitoring points to provide representative samplingof all point source discharges to surface water or groundwater.

4. List the standard procedures used at the facility for collecting samples for analysis.The publications: NPDES Stormwater Sampling Guidance Document (EPA 833-B-92-001, July 1992), or How to Do Stormwater Sampling — A guide for industrialfacilities (Ecology Publication 02-10-071), or equivalent sampling methods, must beused as guidance for stormwater, mine dewatering water, and process watersampling procedures.

5. List the non-compliance notification procedures and contact numbers.

B. Maintaining the Monitoring Plan If facility conditions require the modification, addition, or deletion of a monitoring point, the Permittee must update their monitoring plan and edit their monitoring point in WQWebDMR3.

S8. SMP SECTION 3: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

The Site Management Plan (SMP) must include a SWPPP. The SWPPP must contain, at a minimum, the following:

A. Measures to Prevent Commingling Measures to prevent the commingling of stormwater with process water or mine dewatering water, unless the facility is designed to reuse process water. Stormwater that commingles with process water is considered process water and is subject to all permit conditions for process water.

3 Permittees that have received an Electronic Reporting Waiver must notify Ecology in writing of monitoring point modifications, additions, or deletions before the end of the quarter in which the change will occur.

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B. Runoff Conveyance and Treatment BMPs The SWPPP must include runoff conveyance and treatment BMPs as necessary to control pollutants and comply with the stormwater discharge limits in S2 and S3. (Refer to the Stormwater Management Manuals for additional information.)

Runoff conveyance BMPs include, but are not limited to:

1. Interceptor dikes

2. Swales

3. Channel lining

4. Pipe slope drains

5. Outlet protection

Treatment BMPs may include, but are not limited to:

1. Oil/water separators

2. Biofiltration swales

3. Infiltration or detention basins

4. Sediment traps

5. Chemical treatment systems

6. Constructed wetlands

C. Innovative BMPs Innovative treatment, source control, reduction or recycling, or operational management practices beyond those identified in Ecology’s SWMMs are encouraged if they help achieve compliance with this general permit.

D. Inventory of Materials and Pollutant Sources This inventory must list potential pollutants and pollutant sources. The inventory of materials must include a list of all types of materials handled at the site exposed to pre-cipitation or run-off (e.g. raw materials, cement admixtures, petroleum products, etc.).

The Permittee must manage the following materials to prevent stormwater contamination:

1. Toxic materials or chemicals

2. Petroleum contaminated soils (PCS) that fail to meet the most protective ModelToxics Control Act Method ‘A’ treatment levels (WAC 173-340-740(2))

3. Cement

4. Admixtures

5. Fuels, lubricants, tar and other petroleum products

6. Any material that contains petroleum contamination or has the potential to causeaquatic toxicity

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E. Source Control BMPs The SWPPP must include the following source control BMPs in order to achieve AKART and compliance with the stormwater discharge limits in S2 and S3. The Permittee may omit individual BMPs if site conditions render the BMP unnecessary, infeasible, or if the Permittee provides alternative and equally effective BMPs. The Permittee must note the rationale for omission or substitution in the SWPPP. The Permittee must:

1. Store all chemical liquids, fluids, and petroleum products (except bitumen), indouble-walled tanks or in secondary containment. Secondary containment includesan impervious surface surrounded with a containment berm or dike that is capableof containing 10% of the total enclosed tank volume or 110% of the volumecontained in the largest tank, whichever is greater.

a. To prevent precipitation from accumulating in secondary containment provide aroof or equivalent structure.

b. If cover is not practicable, the SWPPP must include a description of howaccumulated water will be managed and disposed of.

2. Label containers (e.g., “Used Oil,” “Spent Solvents,” “Fertilizers and Pesticides”).

3. Fully drain and cap empty containers. Minimize the number of empty containerson site.

4. Fit all dumpsters containing leachable materials with a lid that must remain closedwhen not in use, or alternatively keep the dumpster under cover.

5. Locate spill kits at all stationary fueling stations, fuel transfer stations, mobilefueling units, and used oil storage/transfer stations.

6. Use drip pans or equivalent containment measures during all petroleum transferoperations.

7. Conduct all vehicle and equipment cleaning operations per the following:

a. Permittees may use low pressure (under 100 psi) cold water to rinse mud off ofvehicles and equipment provided no soap is used. Route rinse water to an on-sitesediment treatment structure (e.g. sediment trap, catch basin with gravityseparator, or treatment pond).

b. Conduct all other vehicle and equipment cleaning operations under cover or in abermed area to prevent commingling of wash water and stormwater.

i. This wash water must drain to a proper collection system (i.e., not thestormwater drainage system).

ii. Do not discharge any wastewater from concrete truck wash-out areas orfrom concrete trucks directly to surface water or groundwater. Treat thiswastewater in a lined impoundment.

8. Store unhardened concrete, any type of concrete solids (does not include fullycured or recycled concrete), returned asphalt, and cold mix asphalt on a bermedimpervious surface. This includes comeback concrete, ecology blocks, septic tanks,

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jersey barriers, and other cast concrete products. Treat all stormwater that contacts these materials in a lined impoundment. Discharge of this water is subject to the effluent limitations in S2 and must not cause a violation of water quality standards.

9. Store lead acid batteries under cover.

10. Take leaking equipment out of service and prevent it from leaking on the grounduntil repaired. Repair all leaks before putting equipment back into service on thesite.

11. Manage paving equipment to prevent stormwater contamination.

12. Manage sediment track out to paved off-site roads to prevent the tracked sedimentfrom delivering to surface water or storm drain systems. Discharges to surfacewaters, public storm drain systems, or both are subject to permit limits for turbidityand must be included in the Permittee’s Monitoring Plan whenever track out onto anoff-site roadway is evident. Measures recommended to control or prevent track outinclude:

a. Limit vehicle access and exit to one route, if possible.

b. Stabilize access points with a pad of quarry spalls, crushed rock, or otherequivalent BMP, as necessary to minimize the tracking of sediment onto off-siteroads.

c. Locate a closed loop wheel wash or tire baths (or equivalent BMP) on site, if thestabilized construction entrance is not effective in preventing sediment frombeing tracked onto off-site roads. Wheel wash and tire bath wastewater isprocess water and is subject to the effluent limitations and monitoringrequirements in Special Condition S2, Table 2, and S4 and must not cause aviolation of water quality standards.

d. Clean off-site roads thoroughly at the end of each day or more frequently duringwet weather if sediment is tracked off site. Clean sediment from roads byshoveling or pickup sweeping and transport to a controlled sediment disposalarea.

e. Only wash streets after sediment is removed in accordance with condition dabove. Street wash wastewater must be controlled by pumping back on site orotherwise be prevented from discharging into systems tributary to waters of thestate.

13. The Permittee must use source control BMPs in the following areas and during thefollowing activities as necessary to control pollutants:

a. Fueling at Dedicated Stations

b. Mobile Fueling

c. Loading and Unloading Areas

d. Storage of Liquid in Permanent Above-ground Tanks

e. Dust Control

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f. High Use Parking Areas

g. Storage or Transfer of Solid Raw Materials, By-Products or Finished Products

(See Volume IV in the SWMMWW/Chapter 8 in the SWMMEW for specific BMPs)

F. Concrete Recycling BMPs Permittees that conduct concrete recycling (ECY002) must include the following BMPs within their SWPPP and implement them on-site. Permittees may omit individual BMPs below if site conditions render the BMP unnecessary or if the Permittee provides alternative and equally effective BMPs. The Permittee must note the rationale for omission or substitution in the SWPPP.

1. Permittees that receive permit coverage for their site for the first time on or afterApril 1, 2016 must not place new concrete recycling stockpile(s) in the followinglocations:

a. Within 100 feet or less (horizontal distance) from the ordinary high water markof surface water bodies (including streams, lakes, rivers, saltwater bodies,wetlands, etc.).

b. Within 100 feet or less (horizontal distance) from drinking water and irrigationwell(s).

c. Within a Wellhead Protection Area.

d. Where there is a discharge to ground associated with the concrete recyclingstockpile and there is not a minimum of 10 feet of separation between thebottom of the recycled concrete stockpile(s) and groundwater.

2. Establish materials acceptance procedures to ensure that inbound recycled concretematerials are not a source of dangerous waste such as lead paint, asbestos, and jointsealants which contain Polychlorinated Biphenyls (PCBs).

S9. SMP SECTION 4: SPILL CONTROL PLAN

A. Materials of Concern The Permittee must maintain and comply with a Spill Control Plan for the prevention, containment, control, and cleanup of spills or unplanned discharges of:

1. Oil and petroleum products including accidental release from equipment.

2. Materials, which when spilled, or otherwise released into the environment, aredesignated Dangerous (DW) or Extremely Hazardous Waste (EHW) by theprocedures set forth in WAC 173-303-070.

3. Other materials which may become pollutants or cause pollution upon reachingwaters of the state.

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B. Spill Control Plan Contents The Permittee must review and update the Spill Control Plan, as needed, but at least annually. The Spill Control Plan must include the following:

1. A description of the reporting system which will be used to alert responsiblemanagers and legal authorities in the event of a spill.

2. A list of equipment and materials on site that have the potential to leak or spill.

3. A description of preventive measures and facilities (including an overall facility plotshowing drainage patterns) which prevent, contain, or treat spills of these materials.

4. Specific handling procedures and storage requirements for materials kept on site.

C. Spill Response The Permittee must have the necessary cleanup materials available and respond to all spills in a timely fashion, preventing their discharge to waters of the state. All employees must receive appropriate training to assure all spills are reported and responded to appropriately. The Permittee must immediately clean up all spills, leaks, and contaminated soil to prevent the discharge of pollutants to groundwater or surface waters.

S10. REPORTING AND RECORD KEEPING REQUIREMENTS The Permittee must report monitoring and other information in accordance with the following conditions. The falsification of information submitted to Ecology constitutes a violation of the terms and conditions of this permit.

A. Discharge Monitoring Reports 1. Permittees must submit a “Discharge Monitoring Report (DMR)” form on a

quarterly basis for all:

a. Active sites, whether or not the facility was discharging.

b. Inactive sites required to conduct monitoring per condition S4.C.1 and/orS4.C.2.

2. Permittees must submit DMRs to Ecology on or before the DMR due datesaccording to the Table 5 below:

Table 5: Discharge Monitoring Reporting Due Dates

Discharge Monitoring Period DMR Due Dates:

October, November, December January 30

January, February, March April 30

April, May, June July 30

July, August, September October 30

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3. For Permittees that receive permit coverage for the first time after the effective dateof this permit, the first monitoring period is the first full quarter following the dateof permit coverage.

4. Permittees must submit DMRs electronically using Ecology’s Water QualityPermitting Portal (WQWebDMR) – Discharge Monitoring Report (DMR)application, unless the Permittee applies for and Ecology approves an ElectronicReporting Waiver4.5 Permittees that have received an Electronic Reporting Waiverfrom Ecology must submit their DMRs to the appropriate regional Ecology office.

5. By the due dates in Table 6, permittees must either:

a. Setup their WQWebDMR account and submit an “Electronic Signature AccountForm” (ESAF). (Visit http://www.ecy.wa.gov/programs/wq/permits/paris/webdmr.html for instructions.)

b. Or, submit an “Electronic Waiver Request” form (ECY 070-381) to theappropriate regional Ecology office.

Permittees that have an existing electronic signature account do not need to resubmit an ESAF or Electronic Waiver Request form.

Table 6: Due Dates for ESAF or Electronic Waiver Request

Operating Status: Due date:

Active operating status on the effective date of this permit

May 1, 2016

Inactive operating status on the effective date of this permit6

Two months before your first DMR due date under this permit. (E.g. if your first DMR is due October 30, 2016 you must submit your ESAF or Electronic Waiver Request by August 30, 2016.)

Permittees that receive permit coverage for the first time after the effective date of this permit

Two months before your first DMR due date under this permit. (E.g. if your first DMR is due October 30, 2017 you must submit your ESAF or Electronic Waiver Request by August 30, 2017.)

4 Ecology typically only grants Electronic Reporting Waivers to permittees that do not have a computer, printer, or internet connection. 5 For the DMR due April 30, 2016 permittees may submit their DMRs either electronically or on paper. For DMRs due after April 30, 2016 permittees must submit their DMRs electronically per this requirement. 6 Including inactive sites required to conduct monitoring per condition S4.C.1 and/or S4.C.2 (e.g. inactive sites monitoring per S4.C.1 whose first DMR is due July 30, 2016 must submit their ESAF or Electronic Waiver Request by May 30, 2016).

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B. Production Number Range Reporting 1. Annually, by January 307 non-portable Permittees that have a NAICS code of

324121, 327320, 327332, and/or 327390 must report for the previous year whichrange below their production of asphalt and/or concrete fell within.

Table 7: Concrete and Asphalt Production Ranges

Concrete Production Ranges Asphalt Production Ranges

Inactive (zero concrete production during the calendar year)

Inactive (zero asphalt production during the calendar year)

0 - < 25,000 cu. yds/yr 0 - < 50,000 tons/yr

25,000 - < 200,000 cu. yds/yr 50,000 - < 300,000 tons/yr

200,000 cu. yds/yr and greater 300,000 tons/yr and greater

2. Permittees must submit their production number ranges electronically usingEcology’s Water Quality Permitting Portal, unless the Permittee applies for andEcology approves an Electronic Reporting Waiver. Permittees that have received anElectronic Reporting Waiver from Ecology must submit their production numberranges to the appropriate regional Ecology office via the paper form that Ecologyprovides for this purpose.

C. Additional Monitoring by the Permittee Any Permittee that monitors any pollutant more frequently than required in Conditions S2, S3, or S4 must include those results in the calculation and reporting of the data submitted in the DMRs or other reporting requirements.

D. Records Retention 1. The Permittee must retain records of the following documents on site, or within

reasonable access to the site:

a. The current version of the Sand and Gravel General Permit.

b. Permit coverage page.

c. The Site Management Plan (SMP), including all four main sections, site map,and applicable incorporated plans.

d. All monitoring information for a minimum of five (5) years including:

i. Copies of Discharge Monitoring Reports.

ii. All calibration and maintenance records.

7 Beginning January 30, 2017.

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iii. All original recordings for continuous monitoring instrumentation.

e. For a minimum of three (3) years from the date of the sample, measurement,report, or application:

i. Copies of all reports required by this permit.

ii. Records of all data used to complete the application for this permit.

2. The Permittee must extend this period of retention during the course of anyunresolved litigation regarding the discharge of pollutants by the Permittee or whenrequested by Ecology.

3. The Permittee must make all plans, documents, and records required by this permitimmediately available, upon request, to Ecology or the local jurisdiction.

4. The Permittee must provide a copy of the SMP (including all four main sections,site map, and applicable incorporated plans) to the public when requested in writingto do so. The copy must be provided within 10 days.

If the Permittee receives a public records request for more than one facility that thePermittee owns/operates under the Sand and Gravel General Permit, the permitteemust respond within 10 days by either:

a. Providing copies of all the requested SMPs.

b. Providing the requester(s) a reasonable estimate of when the requests will befulfilled. And by providing the copies of all the requested SMPs within 10 daysper SMP requested (e.g. if a Permittee receives a request to provide SMPs forthree of their facilities they will have a maximum of 30 days to provide thecopies of all three SMPs).

E. Reporting Permit Violations In the event the Permittee is unable to comply with any of the permit terms, conditions or discharge limits, due to any cause, the Permittee must:

1. Immediately take action to stop, contain, and cleanup unauthorized discharges orotherwise stop the violation, correct the problem and, if applicable, repeat samplingand analysis of any violation immediately.

2. Notify the appropriate Ecology Regional Sand and Gravel Permit Manager byphone or in person within 24 hours of when the Permittee becomes aware of thecircumstances.

3. Submit a detailed written report to Ecology within 30 days (5 days for upsets, spills,bypasses and any noncompliance which may endanger health or the environment)unless requested earlier by Ecology. The report must describe the nature of theviolation, corrective action taken and/or planned, steps to be taken to prevent arecurrence, results of the re-sampling, results of the SMP review (per S5.C.1) andany other pertinent information. The Permittee may not substitute data from re-sampling for ongoing permit monitoring required under Special Condition S2, S3and S4. Permittees must report re-sampling data per S10.C.

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4. Ecology may waive the requirement for a written report on a case-by-case basis, ifthe Permittee notifies Ecology within 24 hours per S10.E.2.

Compliance with this condition does not relieve the Permittee from responsibility to maintain continuous compliance with the terms and conditions of this permit or the resulting liability for failure to comply.

F. Spill Reporting The Permittee must report a spill of oil or hazardous materials in accordance with the requirements of RCW 90.56.280 and Chapter 173-303-145 WAC by calling the National Response Center 1-800-424-8802, and the Washington Emergency Management Division 1-800-258-5990. Permittees can obtain additional instructions at the following website: http://www.ecy.wa.gov/programs/spills/other/reportaspill.htm.

S11. SOLID WASTE DISPOSAL

A. Solid Waste Handling The Permittee must handle and dispose of all solid waste material, including material from cleaning catch basins and any sludge generated by impounding process water or stormwater, in such a manner as to prevent its entry into waters of the state. Disposal must comply with all applicable local, state, and federal regulations.

B. Leachate The Permittee must not allow leachate from solid waste material to enter waters of the state without providing AKART, nor allow such leachate to cause or contribute to violations of the State Surface Water Quality Standards, Chapter 173-201A WAC, or the State Groundwater Quality Standards, Chapter 173-200 WAC. The Permittee must apply for an individual permit or permit modification as may be required for such discharges to waters of the state.

C. Recycle and Waste Material Other Than Concrete or Asphalt The Permittee must comply with the Minimum Functional Standards for Solid Waste Handling, Chapter 173-350 WAC, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. The Permittee must meet the procedural, operational, and structural controls required under the Chapter 173-350 for any type of recycling or solid waste handing on the site. If the Permittee places or intends to place amounts and types of inert waste as defined in WAC 173-350-990, they must fully comply with solid waste regulations. The Permittee must comply with the requirements for obtaining permits from health departments that have jurisdiction over the disposal activities at the permitted site and comply with those permits.

This permit does not authorize discharge of leachate or process water from solid waste handling activities except as provided under WAC 173-350-990 (inert waste).

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S12. PERMIT APPLICATION

A. How to Apply for Permit Coverage 1. All new facilities and un-permitted existing facilities that intend to obtain coverage, and

permitted existing facilities planning a significant process change must submit anapplication.

a. The Permittee must submit the application no less than one hundred and eighty(180) days before beginning any activity that may result in the discharge of anypollutant. No discharge is authorized until the effective date of permit coverageas provided in Special Condition S12.C below.

b. All new facilities and un-permitted existing facilities that intend to obtaincoverage, must submit an application electronically using Ecology’s WaterQuality Permitting Portal – Permit Coverage Notice of Intent (NOI) application,unless the applicant applies for and receives an Electronic Reporting Waiverfrom Ecology. Applicants that have received a waiver from Ecology mustsubmit a completed and signed application to the appropriate regional Ecologyoffice.

c. All permitted existing facilities planning a significant process change mustsubmit a completed and signed application, to the appropriate regional Ecologyoffice.

d. Facilities with stormwater discharge to a storm sewer operated by any of thefollowing municipalities must send a copy of their application for coverage tothe appropriate municipality: Seattle, King County, Snohomish County, Tacoma,Pierce County, and Clark County.

e. All new facilities, and permitted existing facilities planning a significant processchange, must:

i. Satisfy public notice requirements in WAC 173-226-130(5).

ii. Certify that the applicable SEPA requirements have been met.

iii. Meet the requirements of Chapter 173-240 WAC, SUBMISSION OF PLANSAND REPORTS FOR CONSTRUCTION OF WASTEWATER FACILITIES.

f. A Permittee may include in the application for coverage, activities that are, orcould be performed by an operator(s) other than the Permittee. These activitiesmay be ongoing or intermittent. As the permit holder, the Permittee isresponsible for compliance with all conditions of the permit.

2. New facilities that propose to discharge to a segment of a waterbody on the currentEPA-approved 303(d) list for turbidity or fine sediment must conduct turbiditymonitoring in accordance with an Ecology-approved Quality Assurance Project Planthat includes receiving water monitoring to demonstrate the discharge does notcause or contribute to the impairment. The applicant/Permittee must contactEcology before developing a Quality Assurance Project Plan.

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3. New facilities that propose to discharge to surface water must conduct a receivingwater study for two years when Ecology determines, at the time of application, thatthere is a potential for violation of water quality standards. The study consists ofmeasuring the receiving water flow and temperature and discharge flow andtemperature at the time of critical flows. The applicant/Permittee must contactEcology before developing a receiving water study plan. If Ecology determines areceiving water study is required, the receiving water study plan must be completedbefore operations are begun.

B. Permit Coverage for Portable Facilities All portable facilities that are new facilities, un-permitted existing facilities, and permitted existing facilities planning a significant process change must comply with the requirements in S12.A. Permit coverage will apply only to the specific portable facility identified in the application. Permit coverage is provided for the portable facility at sites throughout the state subject to the following requirements:

1. The Permittee of the portable facility must submit a completed and signed “PortableFacility Notification of Intent to Begin Operation” form (ECY 070-36) no less thanten (10) days before beginning each operation at a new location. The form must besent to the appropriate Ecology regional office for where the site and operation islocated. The Permittee must also complete requirements for new discharges(S12.A.2 and S12.A.3) if the new location will have a discharge to surface waters.

2. Upon completion of the portable operation, the Permittee must restore all areasaffected by the operation in accordance with the “Site Restoration” portion of the“Notice of Intent to Begin Operations” form (ECY 070-36) submitted to Ecologyprior to beginning operations.

Site restoration must include:

a. Cleaning up, or otherwise preventing the discharge of, any pollutant (includingspilled petroleum products) to waters of the state.

b. Stabilizing all areas affected by activities associated with the portable operationwith a permanent vegetative cover or equivalent permanent stabilizationmeasure (crushed rock surfacing, rip rap, etc.) which will prevent erosion.

3. The Permittee must submit a completed and signed “Portable Facility Notice ofCompletion of Portable Operations” form (ECY 070-30) to the Water QualityPermit Coordinator at the appropriate Ecology regional office when it hascompleted the following:

a. All activities associated with the portable operation have ceased.

b. All equipment associated with the operation has been removed.

c. All land affected by the portable operation has been restored in accordance withS12.E.

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C. Permit Coverage Timeline 1. Unless Ecology notifies the applicant in writing to the contrary, coverage under this

general permit will begin on the later of the following:

a. The thirty-first (31st) day after Ecology receives the completed application.

b. The thirty-first (31st) day after the end of a thirty (30) day public commentperiod.

c. The effective date of the general permit.

2. If the application is incomplete, an appeal has been filed, public comments havebeen received, or more information is necessary to determine whether a facilityrequires coverage under the general permit, additional time may be required toreview the application. When additional time is required, Ecology will:

a. Notify the applicant in writing and identify the issues that must be resolvedbefore a decision can be reached.

b. Send the final decision to the applicant in writing. If the application is approved,coverage begins the thirty-first (31st) day after approval.

3. If the applicant has an individual permit but applies for coverage under the generalpermit, the individual permit will remain in effect until terminated in writing byEcology. However, an expired individual permit, pursuant to WAC 173-220-180(5),will terminate upon coverage by the general permit.

D. Reporting Change in Operating Status 1. Any facility that changes operating status from active to inactive, or inactive to

active, must submit an “Activity Status Change Form” (ECY 070-33) to Ecology asfollows:

a. If the change is from inactive to active, the form must be submitted no less thanten (10) days before the change.

b. If the change is from active to inactive, the form must be submitted no later thanten (10) days after the change.

2. The failure to accurately report changes in operating status is a permit violation.

3. Non-portable facilities are considered nonoperating for fee purposes if they conducttheir activities for less than ninety cumulative days during a calendar year.

4. Non-portable asphalt and/or concrete producing facilities are considerednonoperating for fee purposes if they do not produce any asphalt and/or concreteduring the calendar year. Nonoperating sites that become active for only concreteand/or asphalt production will be assessed a prorated fee for the actual time inactive.

5. Portable facilities must commit to being shut down for a minimum of twelvecalendar months before the status can be changed to nonoperating for fee purposes.

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E. Terminating Coverage A Permittee may request termination (cancellation) of permit coverage for a closed site by submitting a “Change Request Form” (ECY 070-32). In addition to discontinuing all activities at the site, the Permittee must complete restoration of the site.

1. A mining site is considered restored when DNR has completely released thereclamation bond or the site has been reclaimed to the satisfaction of the Ecologypermit manager and local jurisdiction, if required. If the site is not subject toDepartment of Natural Resources reclamation, the mining site is considered restoredwhen the site has been reclaimed to the satisfaction of the Ecology permit managerand local jurisdiction, if required.

2. Processing sites (includes concrete and asphalt batch operations) are consideredrestored when processing equipment has been removed and the Ecology permitmanager determines the site has been returned to an appropriate condition.

3. Permittees that operated a portable facility at one or more locations in WashingtonState may terminate statewide permit coverage if the Permittee is in compliancewith S12.B.2 at all sites where they have operated a portable facility under thispermit.

4. If the Permittee is prohibited by law from accessing the site to complete siterestoration, the Permittee may request termination by submitting to Ecology a“Change Request Form” (ECY 070-32) along with documentation of the Permittee’sinability to access the site.

5. Permittees must comply with all conditions, including fee payment, in this permituntil Ecology terminates permit coverage.

F. Transferring Permit Coverage A Permittee may request a transfer of permit coverage by submitting a “Change Request Form” (ECY 070-32). See condition G19.

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GENERAL CONDITIONS

G1. SIGNATORY REQUIREMENTS

A. All applications must be signed and certified.

1. In the case of corporations, by a responsible corporate officer.

For the purpose of this section, a responsible corporate officer means:

a. A president, secretary, treasurer, or vice-president of the corporation in chargeof a principal business function, or any other person who performs similarpolicy- or decision making functions for the corporation.

b. Or, the manager of one or more manufacturing, production, or operatingfacilities, provided, the manager is authorized to make management decisionswhich govern the operation of the regulated facility including having theexplicit or implicit duty of making major capital investment recommendations,and initiating and directing other comprehensive measures to assure long termenvironmental compliance with environmental laws and regulations; themanager can ensure that the necessary systems are established or actions takento gather complete and accurate information for permit applicationrequirements; and where authority to sign documents has been assigned ordelegated to the manager in accordance with corporate procedures.

2. In the case of a partnership, by a general partner.

3. In the case of sole proprietorship, by the proprietor.

4. In the case of a municipal, state, or other public facility, by either a principalexecutive officer or ranking elected official.

Applications for permits for domestic wastewater facilities that are either owned or operated by, or under contract to, a public entity must be submitted by the public entity.

B. All reports required by this permit and other information requested by Ecology must be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:

1. The authorization is made in writing by a person described above and submitted toEcology.

2. The authorization specifies either an individual or a position having responsibilityfor the overall operation of the regulated facility, such as the position of plantmanager, superintendent, position of equivalent responsibility, or an individual orposition having overall responsibility for environmental matters. (A duly authorizedrepresentative may thus be either a named individual or any individual occupying anamed position.)

C. Changes to authorization. If an authorization under paragraph B.2 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph B.2 above must be submitted to Ecology prior to or together with any reports, information, or applications to be signed by an authorized representative.

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D. Certification. Any person signing a document under this section must make the following certification:

I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

G2. DISCHARGE VIOLATIONS

All discharges and activities authorized by this general permit must be consistent with the terms and conditions of this general permit. The discharge of any pollutants more frequently than, or at a concentration in excess of, that authorized by this permit constitutes a violation of the terms and conditions of this permit.

G3. PROPER OPERATION AND MAINTENANCE

The Permittee must at all times properly operate and maintain all facilities and systems of collection, treatment, and control (and related appurtenances) which are installed or used by the Permittee for pollution control.

G4. REDUCED PRODUCTION FOR COMPLIANCE

The Permittee, in order to maintain compliance with their general permit coverage, must control production and/or all discharges upon reduction, loss, failure, or bypass of the treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

G5. BYPASS PROCEDURES

Bypass, which is the intentional diversion of waste streams from any portion of a treatment facility, is prohibited, and Ecology may take enforcement action against a Permittee for bypass unless one of the following circumstances (1, 2, or 3) is applicable.

A. Bypass for Essential Maintenance without the Potential to Cause Violation of Permit Limits or Conditions.

Bypass is authorized if it is for essential maintenance and does not have the potential to cause violations of limitations or other conditions of this permit, or adversely impact public health as determined by Ecology prior to the bypass. The Permittee must submit prior notice, if possible, at least ten (10) days before the date of the bypass.

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B. Bypass which is Unavoidable, Unanticipated, and Results in Noncompliance of this Permit.

This bypass is permitted only if:

1. Bypass is unavoidable to prevent loss of life, personal injury, or severe propertydamage. “Severe property damage” means substantial physical damage to property,damage to the treatment facilities which would cause them to become inoperable, orsubstantial and permanent loss of natural resources which can reasonably beexpected to occur in the absence of a bypass.

2. There are no feasible alternatives to the bypass, such as the use of auxiliarytreatment facilities, retention of untreated wastes, stopping production, maintenanceduring normal periods of equipment downtime (but not if adequate backupequipment should have been installed in the exercise of reasonable engineeringjudgment to prevent a bypass which occurred during normal periods of equipmentdowntime or preventative maintenance), or transport of untreated wastes to anothertreatment facility.

3. Ecology is properly notified of the bypass as required in condition S10.E of thispermit.

C. Bypass Which is Anticipated and has the Potential to Result in Noncompliance of this Permit.

The Permittee must notify Ecology at least thirty (30) days before the planned date of bypass. The notice must contain: (1) a description of the bypass and its cause; (2) an analysis of all known alternatives which would eliminate, reduce, or mitigate the need for bypassing; (3) a cost-effectiveness analysis of alternatives including comparative resource damage assessment; (4) the minimum and maximum duration of bypass under each alternative; (5) a recommendation as to the preferred alternative for conducting the bypass; (6) the projected date of bypass initiation; (7) a statement of compliance with SEPA; (8) a request for modification of water quality standards as provided for in WAC 173-201A-410, if an exceedance of any water quality standard is anticipated; and (9) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.

For probable construction bypasses, the need to bypass is to be identified as early in the planning process as possible. The analysis required above must be considered during preparation of the engineering report or facilities plan and plans and specifications and must be included to the extent practical. In cases where the probable need to bypass is determined early, continued analysis is necessary up to and including the construction period in an effort to minimize or eliminate the bypass.

Ecology will consider the following prior to issuing an administrative order for this type bypass:

1. If the bypass is necessary to perform construction or maintenance-related activitiesessential to meet the requirements of this permit.

2. If there are feasible alternatives to bypass, such as the use of auxiliary treatmentfacilities, retention of untreated wastes, stopping production, maintenance during

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normal periods of equipment down time, or transport of untreated wastes to another treatment facility.

3. If the bypass is planned and scheduled to minimize adverse effects on the public andthe environment.

After consideration of the above and the adverse effects of the proposed bypass and any other relevant factors, Ecology will approve or deny the request. The public must be notified and given an opportunity to comment on bypass incidents of significant duration, to the extent feasible. Approval of a request to bypass will be by administrative order issued by Ecology under RCW 90.48.120.

G6. RIGHT OF INSPECTION AND ENTRY

The Permittee must allow an authorized representative of Ecology, upon the presentation of credentials and such other documents as may be required by law:

A. To enter upon the premises where a discharge is located or where any records must be kept under the terms and conditions of this permit.

B. To have access to and copy – at reasonable times and at reasonable cost – any records required to be kept under the terms and conditions of this permit.

C. To inspect – at reasonable times – any facilities, equipment (including monitoring and control equipment), practices, methods, or operations regulated or required under this permit.

D. To sample or monitor – at reasonable times – any substances or parameters at any location for purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act.

G7. [RESERVED]

G8. NOTIFICATION OF CHANGE IN COVERED ACTIVITIES

The Permittee must submit a new application for coverage whenever facility alterations (including expansions), production increases, or process modifications are anticipated that will:

A. Result in new or substantially changed discharges of pollutants; or

B. Violate the terms and conditions of this permit. This new application for coverage must be submitted at least 60 days prior to the proposed changes. Submission of the application for coverage does not relieve the Permittee of the duty to comply with the existing permit.

G9. PERMIT COVERAGE REVOKED

Pursuant with Chapter 43.21B RCW and Chapter 173-226 WAC, the Director may require any discharger authorized by this permit to apply for and obtain coverage under an

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individual permit or another more specific and appropriate general permit. Cases where revocation of coverage may be required include, but are not limited to, the following:

A. Violation of any term or condition of this permit;

B. Obtaining coverage under this permit by misrepresentation or failure to fully disclose all relevant facts;

C. A change in any condition that requires a temporary or permanent reduction or elimination of the permitted discharge;

D. Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090;

E. A determination that the permitted activity endangers human health or the environment, or contributes to water quality standards violations;

F. Nonpayment of permit fees or penalties assessed pursuant to RCW 90.48.465 and Chapter 173-224 WAC;

G. Failure of the Permittee to satisfy the public notice requirements of WAC 173-226-130(5), when applicable; or

H. Incorporation of an approved local pretreatment program into a municipality’s permit.

Permittees that have their coverage revoked for cause according to WAC 173-226-240 may request temporary coverage under this permit during the time an individual permit is being developed, provided the request is made within ninety (90) days from the time of revocation and is submitted along with a complete individual permit application form.

G10. GENERAL PERMIT MODIFICATION AND REVOCATION

This permit may be modified, revoked and reissued, or terminated in accordance with the provisions of Chapter 173-226 WAC. Grounds for modification or revocation and re-issuance include, but are not limited to, the following:

A. When a change occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under this permit;

B. When effluent limitation guidelines or standards are promulgated pursuant to the FWPCA or Chapter 90.48 RCW, for the category of dischargers covered under this permit;

C. When a water quality management plan containing requirements applicable to the category of dischargers covered under this permit is approved; or

D. When information is obtained that indicates the cumulative effects on the environment from dischargers covered under this permit are unacceptable.

G11. REPORTING A CAUSE FOR MODIFICATION

A Permittee who knows, or has reason to believe, any activity has occurred or will occur which would constitute cause for modification or revocation under Condition G10, or 40 CFR 122.62, must report such plans, or such information, to Ecology so that a decision can be made on whether action to modify coverage or revoke coverage under this permit will be

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required. Ecology may then require submission of a new application for coverage under this, or another general permit, or an application for an individual permit. Submission of a new application does not relieve the Permittee of the duty to comply with all the terms and conditions of the existing permit until the new application for coverage has been approved and corresponding permit has been issued.

G12. TOXIC POLLUTANTS

The Permittee must comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement.

G13. OTHER REQUIREMENTS OF 40 CFR

All other requirements of 40 CFR 122.41 and 122.42 are incorporated in this general permit by reference.

G14. COMPLIANCE WITH OTHER LAWS AND STATUTES

Nothing in this permit excuses the Permittee from compliance with any applicable Federal, State, or local statutes, ordinances, or regulations.

G15. ADDITIONAL MONITORING

Ecology may establish additional specific monitoring requirements, including the installation of groundwater monitoring wells, by administrative order or permit modification.

G16. PAYMENT OF FEES

The Permittee must submit payment of fees associated with this permit as assessed by Ecology. Ecology may revoke this permit or take enforcement, collection, or other actions, if the permit fees established under Chapter 173-224 WAC are not paid.

G17. REMOVED SUBSTANCES

Collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters must not be resuspended or reintroduced to the final effluent stream for discharge to State waters.

G18. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL PERMIT

Any discharger authorized by this permit may request to be excluded from coverage under this general permit by applying for an individual permit. The discharger must submit to the Director an application as described in WAC 173-220-040 or WAC 173-216-070, whichever is applicable, with reasons supporting the request. The Director will either issue

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an individual permit or deny the request with a statement explaining the reason for the denial. When an individual permit is issued to a discharger otherwise subject to this general permit, the applicability of this general permit to that Permittee is automatically terminated on the effective date of the individual permit.

G19. PERMIT TRANSFER

A. Coverage under this permit is automatically transferred to a new owner or operator if:

1. The Permittee notifies Ecology at least 30 days in advance of the proposed transferdate.

2. The notice includes a written agreement between the existing and new Permitteescontaining a specific date transfer of permit responsibility, coverage, and liabilitybetween them.

3. Ecology does not notify the existing Permittee and the proposed new Permittee ofits intent to modify or revoke coverage under this permit.

B. Unless permit coverage is automatically transferred according to Section A above, this permit coverage may be transferred only if it is modified to identify the new Permittee and to incorporate such other requirements as determined necessary by Ecology.

C. When a current Permittee transfers control or ownership of a portion of a permitted site to another person, the current Permittee must also submit an application to Ecology per G8.

G20. DUTY TO REAPPLY

The Permittee must reapply for coverage under this permit, at least, one hundred and eighty (180) days prior to the specified expiration date of this permit.

To reapply for coverage the Permittee must submit an application electronically using Ecology’s Water Quality Permitting Portal – Permit Coverage Notice of Intent (NOI) renewal application, unless the applicant applies for and receives an Electronic Reporting Waiver from Ecology. Applicants that have received a waiver from Ecology must submit a completed and signed renewal application to the appropriate regional Ecology office.

An expired permit continues in force and effect until a new permit is issued or until Ecology cancels it. Only those facilities which have reapplied for coverage under this permit are covered under the continued permit.

G21. UPSET

Definition – “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

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An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitations if the requirements of the following paragraph are met.

A Permittee who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that: 1) an upset occurred and that the Permittee can identify the cause(s) of the upset; 2) thepermitted facility was being properly operated at the time of the upset; 3) the Permittee submitted notice of the upset as required in condition S10.E) the Permittee complied with any remedial measures required under G30 of this permit.

In any enforcement proceedings the Permittee seeking to establish the occurrence of an upset has the burden of proof.

G22. PENALTIES FOR VIOLATING PERMIT CONDITIONS

Any person who is found guilty of willfully violating the terms and conditions of this permit is guilty of a crime, and upon conviction thereof may be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the discretion of the court. Each day upon which a willful violation occurs may be deemed a separate and additional violation.

Any person who violates the terms and conditions of a waste discharge permit incurs, in addition to any other penalty as provided by law, a civil penalty in the amount of up to ten thousand dollars for every such violation. Each and every such violation is a separate and distinct offense, and in case of a continuing violation, every day’s continuance is a separate and distinct violation.

G23. APPEALS

The terms and conditions of this general permit, as they apply to the appropriate class of dischargers, are subject to appeal by any person within 30 days of issuance of this general permit, in accordance with Chapter 43.21B RCW, and Chapter 173-226 WAC.

The terms and conditions of this general permit, as they apply to an individual discharger, are appealable in accordance with Chapter 43.21B RCW within 30 days of the effective date of coverage of that discharger. Consideration of an appeal of general permit coverage of an individual discharger is limited to the general permit’s applicability or non-applicability to that individual discharger.

The appeal of general permit coverage of an individual discharger does not affect any other dischargers covered under this general permit. If the terms and conditions of this general permit are found to be inapplicable to any individual discharger(s), the matter will be remanded to Ecology for consideration of issuance of an individual permit or permits.

G24. SEVERABILITY

The provisions of this permit are severable, and if any provision of this general permit or application of any provision of this general permit to any circumstance is held invalid, the

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application of such provision to other circumstances, and the remainder of this general permit, will not be affected thereby.

G25. PROPERTY RIGHTS

This permit does not convey any property rights of any sort, or any exclusive privilege.

G26. DUTY TO COMPLY

The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.

G27. PENALTIES FOR TAMPERING

The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit will, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this Condition, punishment will be a fine of not more than $20,000 per day of violation, or by imprisonment of not more than four (4) years, or by both.

Any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or non-compliance, shall, upon conviction, be punished by a fine of not more than $10,000 per violation, by imprisonment for not more than 6 months per violation, or by both fine and imprisonment.

G28. REPORTING ANTICIPATED NON-COMPLIANCE

The Permittee must give advance notice to Ecology by submission of a new application or supplement thereto at least one hundred and eighty (180) days prior to commencement of such discharges, of any facility expansions, production increases, or other planned changes, such as process modifications, in the permitted facility or activity which may result in noncompliance with permit limits or conditions. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, must be scheduled during non-critical water quality periods and carried out in a manner approved by Ecology.

G29. REPORTING OTHER INFORMATION

Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to Ecology, such facts or information must be submitted promptly.

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G30. DUTY TO MITIGATE

The Permittee is required to take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.

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APPENDIX A —NAICS CODES, ECOLOGY CODES, SIC NUMBERS, AND DESCRIPTIONS FOR FACILITIES COVERED UNDER THIS PERMIT

The coverage provided in this general permit is limited to the specific activities identified in Condition S1. This appendix provides:

• Additional information about the North American Classification System.• Corresponding Standard Industrial Classification (SIC) Codes.• References to 40 CFR Part 436, Mineral Mining and Processing Point Source Category.• References to 40 CFR Part 443, Effluent Limitations Guidelines for Existing Sources

and Standards of Performance and Pretreatment Standards for New Sources for thePaving and Roofing Materials (Tars and Asphalt) Point Source Category.

• Descriptions of the activities listed in Table 1.

The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.

NAICS was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the Standard Industrial Classification (SIC) system. It was developed jointly by the U.S. Economic Classification Policy Committee (ECPC), Statistics Canada, and Mexico's Instituto Nacional de Estadistica, Geografia e Informatica, to allow for a high level of comparability in business statistics among the North American countries.

This official U.S. Government website http://www.census.gov/eos/www/naics/ provides the latest information on plans for NAICS revisions, as well as access to various NAICS reference files and tools.

The official 2012 U.S. NAICS Manual, includes definitions for each industry, background information, tables showing changes between 2007 and 2012, and a comprehensive index. The official 2012 U.S. NAICS Manual is available in print and on CD_ROM from the National Technical Information Service (NTIS) at (800) 553-6847 or (703) 605-6000, or through the NTIS website. Previous versions of the NAICS Manual are available.

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APPENDIX A —NAICS CODES, ECOLOGY CODES, SIC NUMBERS, AND DESCRIPTIONS FOR FACILITIES COVERED UNDER THIS PERMIT

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NAICS/Ecology Codes and Descriptions for Activities Covered by the Sand and Gravel General Permit

NAICS/Ecology Code SIC Number CFR Reference Description

113110 Timber Tract Operations (Rock crushing and/or gravel washing facilities associated with silvicultural point sources)

0811 Timber Tracts (long term timber farms)

Coverage for timber tracts and logging activities is limited to those mining activities associated with the forestry industry that classify as silvicultural point source. A silvicultural point source applies only to the production of materials for use in forest management. For this industry, covered activities are limited to rock crushing or gravel washing facilities that use a discernible, confined and discrete conveyance to discharge pollutants to waters of the state.

113310 Logging (Rock crushing and/or gravel washing facilities associated with silvicultural point sources)

2411 Logging

212311 Dimension Stone Mining and Quarrying

1411 Dimension Stone 40 CFR Part 436 Subpart A–Dimension Stone Subcategory

Coverage is provided for mining and quarrying of dimension stone, including rough blocks and slabs. The types of mines or quarries covered included in this category for this permit are: basalt, diabase, diorite, dolomite, dolomitic marble, flagstone, gabbro, gneiss, granite, limestone, marble, quartzite, sandstone, serpentine, slate, and volcanic rock.

212312 Crushed and Broken Limestone Mining and Quarrying

1422 Crushed and Broken Limestone

40 CFR Part 436 Subpart B–Crushed Stone Subcategory

Coverage is provided for mining, quarrying, and on-site processing of crushed and broken limestone or riprap (including related rocks, such as dolomite, cement rock, marl, travertine, and calcareous tufa). Processing means washing, screening, crushing, or otherwise preparing rock material for use. The types of mines or quarries included in this category are: limestone, calcareous tufa, chalk, dolomite, lime rock, marl, and travertine.

212313 Crushed and Broken Granite Mining and Quarrying

1423 Crushed and Broken Granite

40 CFR Part 436 Subpart B–Crushed Stone Subcategory

Coverage is provided for mining, quarrying, and on-site processing of crushed and broken granite (including related rocks, such as gneiss, syenite, and diorite).

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NAICS/Ecology Code SIC Number CFR Reference Description

212319 Other Crushed and Broken Stone Mining and Quarrying

1429 Crushed and Broken Stone, Not Elsewhere Classified 1499 Miscellaneous Nonmetallic Minerals, Except Fuels (bituminous limestone and bituminous sandstone)

40 CFR Part 436 Subpart B–Crushed Stone Subcategory

Coverage is provided for developing the mine site and, or mining or quarrying crushed and broken stone (except limestone and granite); preparation plants primarily engaged in grinding and pulverizing stone (except limestone and granite); and for mining or quarrying bituminous limestone and bituminous sandstone. Activities associated with SIC 1429 include mining or quarrying crushed and broken stone, not elsewhere classified. The types of mines or quarries included in this category are: basalt, dolomitic marble, gabbro, ganister, grits, marble, mica schist, onyx marble, quartzite, non-bituminous sandstone, serpentine, slate, tap rock, and volcanic rock. Activities associated with SIC 1499 include mining, quarrying, milling, or otherwise preparing nonmetallic minerals, except fuels. The types of mines or quarries included in this category are: bitumens (native mining), bituminous limestone, and bituminous sandstone.

212321 Construction Sand and Gravel Mining

1442 Construction Sand and Gravel

40 CFR Part 436 Subpart C–Construction Sand and Gravel Subcategory

Coverage is provided for mining and on-site processing of sand and gravel for construction or fill purposes. Processing means washing, screening, crushing, or otherwise preparing sand and gravel for construction uses.

212322 Industrial Sand Mining 1446 Industrial Sand 40 CFR Part 436 Subpart D–Industrial Sand Subcategory

Coverage is provided for mining and on-site processing of sand for uses other than construction, including but not limited to glassmaking, molding, filtration, refractories, refractory bonding, and abrasives. Processing employing a HF flotation method is not covered by this general permit.

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APPENDIX A —NAICS CODES, ECOLOGY CODES, SIC NUMBERS, AND DESCRIPTIONS FOR FACILITIES COVERED UNDER THIS PERMIT

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NAICS/Ecology Code SIC Number CFR Reference Description

212324 Kaolin and Ball Clay Mining

1455 Kaolin and Ball Clay 40 CFR Part 436 Subpart AG–Kaolin Subcategory 40 CFR Part 436 Subpart AH–Ball Clay Subcategory

Coverage is provided for the mining and on-site processing of kaolin, ball clay, china clay, paper clay, and slip clay.

212325 Clay and Ceramic and Refractory Minerals Mining

1459 Clay, Ceramic, and Refractory Minerals, NEC

40 CFR Part 436 Subpart V–Bentonite Subcategory 40 CFR Part 436 Subpart AD–Shale and Common Clay Subcategory

Coverage is provided for the mining and on-site processing of bentonite. Coverage is provided for the mining and on-site processing of clays and refractory minerals. Mines operated in conjunction with plants manufacturing cement, brick, or other structural clay products are included in this industry. Establishments engaged in grinding, pulverizing, or otherwise treating clay, ceramic and refractory minerals not in conjunction with mining or quarrying operations are not included in this general permit.

212399 All Other Nonmetallic Mineral Mining

1499 Miscellaneous Nonmetallic Minerals, Except Fuels (except bituminous limestone and bituminous sandstone)

40 CFR Part 436 Subpart H–Lightweight Aggregates Subcategory 40 CFR Part 436 Subpart X–Diatomite Subcategory

Coverage is provided for mining, quarrying, and on-site processing of perlite, pumice, or vermiculite. Coverage is provided for mining and on-site processing of diatomite or diatomaceous earth. Activities associated with SIC 1499 include mining, quarrying, milling, or otherwise preparing nonmetallic minerals, except fuels. The types of mines or quarries included in this category are: calcite, diatomaceous earth, diatomite, fill dirt, graphite, gypsite, gypsum, mica, millstone, perlite, pumice, soapstone, talc, and other nonmetallic minerals.

324121 Asphalt Paving Mixture and Block Manufacturing

2951 Asphalt Paving Mixtures and Blocks

40 CFR Part 443 Subpart B–Asphalt Concrete Subcategory

Coverage is provided for hot mix asphalt plants.

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NAICS/Ecology Code SIC Number CFR Reference Description

327320 Ready-Mix Concrete Manufacturing

3273 Ready-Mixed Concrete

Coverage is provided for facilities engaged in manufacturing Portland concrete delivered to a purchaser in a plastic and unhardened state. This includes production and sale of central-mixed concrete and portable ready-mixed concrete. Ecology considers the acceptance of returned concrete (i.e. comeback concrete) and the formation of ecology blocks from returned concrete as accessory uses under this NAICS code.

327331 Concrete Block and Brick Manufacturing

3271 Concrete Block and Brick

Coverage is provided for facilities engaged in manufacturing concrete blocks and bricks. This includes concrete: architectural block, patio block, plinth blocks, recast concrete block and bricks, and permeable pavers.

327332 Concrete Pipe Manufacturing

3272 Concrete Products, Except Block and Brick (concrete pipe)

Coverage is provided for facilities engaged in manufacturing concrete pipe. This includes concrete: conduits, culvert pipe, irrigation pipe, pressure pipe, and sewer pipe.

327390 Other Concrete Product Manufacturing

3272 Concrete Products, Except Block and Brick (concrete products, except dry mix concrete and pipe)

Coverage is provided for facilities engaged in manufacturing concrete products (except block, brick, and pipe). This includes concrete: furniture, vaults, tanks, girders, beams, statuary, poles, roofing tile, and ties.

327999 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing

3272 Concrete Products, Except Block and Brick (dry mixture concrete)

Coverage is provided for facilities engaged in manufacturing nonmetallic mineral products not covered by other NAICS codes. This includes dry mix concrete manufacturing.

ECY001 Asphalt Recycling The processing (including, but not limited to, crushing, fracturing, sorting, storing, stockpiling, grading, and washing) of hardened asphalt (not including asphalt roofing products) to produce a reusable product. Sites only storing or stockpiling hardened asphalt, and not otherwise crushing or processing the material are not subject to coverage under this permit unless they conduct additional activities requiring coverage under this permit.

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APPENDIX A —NAICS CODES, ECOLOGY CODES, SIC NUMBERS, AND DESCRIPTIONS FOR FACILITIES COVERED UNDER THIS PERMIT

Sand and Gravel General Permit Page 53

NAICS/Ecology Code SIC Number CFR Reference Description

ECY002 Concrete Recycling The processing (including, but not limited to, crushing, fracturing, sorting, storing, stockpiling, grading, and washing) of hardened structural concrete to produce a reusable concrete product. Sites only storing or stockpiling hardened structural concrete, and not otherwise crushing or processing the material are not subject to coverage under this permit unless they conduct additional activities requiring coverage under this permit.

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Sand and Gravel General Permit – Draft 2014

Page 54

APPENDIX B — DEFINITIONS

These definitions are for terms that are used, or relate, to this permit. Defined terms appear in italics the first time they appear in the permit.

10-year, 24-hour Precipitation Event means the maximum 24 hour precipitation event with a probable reoccurrence interval of once in 10 years.

40 CFR means Title 40 of the Code of Federal Regulations, which is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal government.

Active Site means a location where current mining (including site preparation and reclamation) or processing operations (including, but not limited to, crushing, classifying, or operating a concrete or hot mix asphalt plant) or stockpiles associated with current mining or processing operations, are located. AKART is an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART represents the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants and controlling pollution associated with a discharge.

Application means a formal request for coverage, renewal of coverage, or modification of coverage, under this general permit using the electronic or paper form(s) developed by the Washington State Department of Ecology for that purpose. Also called a Notice of Intent (NOI). Ecology has developed multiple application forms for specific conditions (e.g. applications for portable facilities versus non-portable facilities, applications for coverage modifications due to significant process changes). Links to the appropriate application forms are available on Ecology’s website at: http://www.ecy.wa.gov/programs/wq/sand/index.html. The application forms are also available by request from Ecology’s regional offices. Applicable TMDL means a TMDL for turbidity, fine sediment or high pH which was completed and approved by EPA prior to the later effective date of this permit, or modification, or the date the operator’s complete application is received by Ecology.

Average Monthly Effluent Limit means the highest allowable average of daily discharges over a calendar month. To calculate the discharge value to compare to the limit, you add the value of each daily discharge measured during a calendar month and divide this sum by the total number of daily discharges measured.

Average Quarterly Effluent Limit means the highest allowable average of daily discharges over a quarter (3 months). To calculate the discharge value to compare to the limit, add the value of each daily discharge measured during a quarter and divide this sum by the total number of daily discharges measured.

Best Management Practices (BMPs) – general definition means schedules of activities, prohibitions of practices, maintenance procedures, and other physical, structural and/or managerial practices to prevent or reduce the pollution of waters of the state. BMPs include treatment systems, operating procedures, and practices used to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material storage. In this permit BMPs

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APPENDIX B — DEFINITIONS

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are further categorized as operational, source control, erosion and sediment control, and treatment.

Bypass means the diversion of waste streams from any portion of a treatment facility.

Capital BMPs means the following improvements that will require capital expenditures:

1. Treatment BMPs, including but not limited to: biofiltration systems including constructed wetlands, settling basins, oil separation equipment, impoundments, and detention and retention basins.

2. Manufacturing modifications, including process changes for source reduction, if capital expenditures for such modifications are incurred.

3. Concrete pads and dikes and appropriate pumping for collection of stormwater, process water or mine dewatering water and transfer to control systems from manufacturing areas such as loading, unloading, outside processing, fueling and storage of chemicals and equipment and wastes.

4. Roofs and appropriate covers for storage and handling areas.

Clean Water Act (CWA) means the Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 97-117; USC 1251 et seq.

Closed Site means a location where all activities associated with permit coverage have been terminated with no intent to return to operation in the future. Concrete Recycling means the processing (including, but not limited to, crushing, fracturing, sorting, storing, stockpiling, grading, and washing) of hardened structural concrete to produce a reusable concrete product. Constructed Wetland means wetlands intentionally created for the primary purpose of wastewater or stormwater treatment and managed as such. Constructed wetlands are normally considered as part of the stormwater collection and treatment system. Wetlands constructed for treatment of stormwater are not be eligible for use as compensatory mitigation for authorized impacts to regulated wetland systems.

Critical Flows means the lowest receiving water flows at the time wastewater discharges occur. For process wastewater discharges which discharge from the site throughout the year, this is typically midsummer flow. For stormwater discharges this is the receiving water flow when significant stormwater begins to discharge from the site, typically early fall.

Current EPA-approved 303(d) list means the list which is in effect on the effective date of this permit, or the 303(d) list which is in effect at the date the Permittee’s first application for coverage is received by Ecology, whichever is later.

Design Storm means the precipitation event that is used to design stormwater facilities, e.g. 10-year, 24-hour storm event. Refer to Ecology’s Stormwater Management Manual for specific information on requirements for determining design storm volume and flow rate appropriate for designing stormwater treatment systems.

Design Storm Volume means the volume of runoff predicted to occur from a specified storm event. The storm event includes a time interval (e.g. 24-hours) and frequency (e.g. 10-year).

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Volume-based treatment BMPs use the design storm volume as their design basis. Refer to the Ecology Stormwater Management Manual for storm event and additional information.

Director means the Director of the Washington Department of Ecology or his/her authorized representative.

Discharge to Groundwater means the discharge of water into an unlined impoundment or onto the surface of the ground that allows the discharged water to percolate, or potentially percolate, to groundwater. Discharge to groundwater, discharge to land, and discharge to ground all have the same meaning.

Discharger means an owner or operator of any facility or activity subject to regulation under Chapter 90.48 RCW or the Federal Clean Water Act.

Discharge Point means the location where a discharge leaves the Permittee’s facility. Discharge point also includes the location where a discharge enters the ground on-site (e.g., through a Permittee’s treatment facilities/BMPs designed to infiltrate). Disturbed Area means any area where activity has physically disrupted, compacted, moved, or otherwise altered the characteristics of soil, bedrock, vegetation, or existing topography. This includes activity in preparation for: a) surface mining, b) the construction of structures or, c) mobilization of processing equipment. Stormwater discharge from disturbed areas is considered Type 2 Stormwater. Electronic Waiver Request means permission from Ecology to submit paper applications, submittals, and DMRs instead of submitting them electronically. Permittees must submit a completed “Electronic Waiver Request” form (ECY 070-381) to receive a waiver. Ecology typically only grants Electronic Waivers to permittees that do not have a computer, printer, or internet connection. Equivalent Stormwater Management Documents means manuals of BMPs approved by Ecology and subject to public review and comment.

Erosion means the wearing away of the land surface by precipitation, running water, ice, wind or other geological agents, including processes such as gravitational creep. Erosion also means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

Erosion and Sediment Control BMPs means BMPs intended to prevent erosion and sedimentation, such as preserving natural vegetation, seeding, mulching and matting, plastic covering, filter fences, and sediment traps and ponds. Erosion and sediment control BMPs are synonymous with stabilization and structural BMPs.

Erosion and Sediment Control Plan (ESCP) means a document that describes the potential for erosion and sedimentation problems and explains and illustrates the measures to be taken to control those problems.

Existing Facility means a facility that begins activities that result in a discharge, or a potential discharge to waters of the state, prior to the effective date of the general permit.

Final Stabilization means completion of all soil disturbing activities at the site and establishment of a permanent vegetative cover, or installation of equivalent permanent stabilization measures (such as riprap, gabions or geotextiles) that will prevent erosion.

gpm means gallons per minute; the volume of fluid passing a point during a one minute interval.

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APPENDIX B — DEFINITIONS

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Groundwater means water in a saturated zone or stratum beneath the land surface or a surface water body.

Groundwater Discharges – If water puddles/collects and discharges to ground at multiple locations on site, it is unlikely that all locations must be sampled. Consider the source of the water. If all the water is coming from a gravel stockpile area it is likely that just one sampling point is required. However, if some discharge points receive runoff from a gravel stockpile area and others receiving water from a concrete batch area, two sample points are probably necessary.

Hot Mix Asphalt Plant means a plant that blends together aggregate and asphalt cement to produce a hot, homogeneous asphalt paving mixture. The term includes batch plants, continuous mix plants, and drum mix plants.

Impoundment means a location designed to or used purposely to infiltrate. The area behind a check dam is not considered an impoundment.

Inactive Site means a location where 1) previous mining or processing operations (including, but not limited to, crushing, classifying, or operating a concrete or hot mix asphalt plant) has occurred; and has not been closed and restored; and 2) has no current mining or processing operations but may include stockpiles of raw materials or finished products; and 3) the Permittee has submitted an Operating Status Change Form (ECY 070-33) declaring the site inactive. The Permittee may add or withdraw raw materials or finished products from the stockpiles for transportation off site for processing, use, or sale and still be considered an inactive site, however monitoring may be required. Inert means nonreactive, nondangerous solid materials that are likely to retain their physical and chemical structure under expected conditions of use or disposal.

Leachate means water or other liquid that has percolated through raw material, product, or waste and contains substances in solution or suspension as a result of the contact with these materials.

Local Government means any county, city, or town having its own government for local affairs.

Major Modification of Coverage means a change of operation at a facility that is not a Minor Modification. Public notice is required for this modification.

Maximum Daily Effluent Limit means the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a calendar day. For pollutants with limits expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For other units of measurement, the daily discharge is the average measurement of the pollutant over the day. This does not apply to pH. Mine Dewatering Water means any water that is impounded or that collects in the mine and is pumped, drained, or otherwise removed from the mine through the efforts of the mine operator. This term must also include wet pit overflows caused solely by direct rainfall and groundwater seepage. However, if a mine is used for treatment of process generated waste water, discharges of commingled water from the mine must be deemed discharges of process generated water.

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Minor Modification of Coverage means a change of operation at a facility that does not substantially change the volume or nature of pollutants. No public notice or new Application for Coverage is required for this modification.

Municipality means a political unit such as a city, town, or county, incorporated for local self-government.

NAICS means North American Industry Classification System.

National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington Department of Ecology.

Natural Conditions means surface water quality that was present before any human-caused pollution. When estimating natural conditions in the headwaters of a disturbed watershed it may be necessary to use the less disturbed conditions of a neighboring or similar watershed as a reference condition.

New Facility means a facility which begins activities that result in a discharge, or a potential discharge to waters of the state, on or after the effective date of this general permit.

Non-Delegated POTW means a POTW which has not been delegated to issue permits for industrial dischargers to its system. Ecology is the permitting authority for non-delegated POTWs.

Nonoperating means an inactive site that has reduced fees per WAC 173-224. NTU means Nephelometric Turbidity Units, a measure of turbidity. Outfall means a point where a discharge from a facility enters a receiving waterbody or receiving waters. pH – The pH of a liquid measures its acidity or alkalinity. A pH of 7 is defined as neutral and large variations above or below this value are harmful to most aquatic life.

Point Source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, and container from which pollutants are or may be discharged to waters of the state. This term does not include return flows from irrigated agriculture.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste. This term does not include sewage from vessels within the meaning of section 312 of the FWPCA, nor does it include dredged or fill material discharged in accordance with a permit issued under section 404 of the FWPCA.

Pollution means contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters; or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful,

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APPENDIX B — DEFINITIONS

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detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

Portable Facility means a specific portable concrete batch plant, portable asphalt batch plant, or portable rock crusher. POTW means publically-owned treatment works. This is a sewage treatment plant and the collection system (40 CFR 122.2).

Process Water means any water that is used for or results from the production, clean-up, or use of any raw material, intermediate product, finished product, byproduct, or waste product. The term also means any waste water used in or results from the slurry transport of mined material, air emissions control, or processing exclusive of mining. Receiving Water means the waterbody at the point of discharge. If the discharge is to a stormwater conveyance system, either surface or subsurface, the receiving water is the waterbody that the stormwater conveyance system discharges to. Systems designed primarily for other purposes such as for groundwater drainage, redirecting stream natural flows, or for conveyance of irrigation water/return flows that coincidentally convey stormwater are considered the receiving water.

Reclamation means the rehabilitation of disturbed areas resulting from surface or underground mining; typically per a Department of Natural Resources Reclamation plan. Representative Sampling means collecting an array of samples to accurately represent the nature of the discharge for parameters of concern. Many factors contribute to variability of pollutants in a discharge including quantity of water, time and date of sampling, and physical events and location of discharge.

Returned asphalt means hot mix asphalt that was brought back to the hot mix asphalt plant after being sent to a job site. Returned asphalt does not include asphalt that was installed and allowed to cool.

Sanitary Sewer means a sewer designed to convey domestic wastewater. Sediment means the fragmented material that originates from the weathering and erosion of rocks or unconsolidated deposits and is transported by, suspended in, or deposited by water.

Sedimentation means the depositing or formation of sediment.

SEPA (State Environmental Policy Act) means the Washington State Law, RCW 43.21C.020, intended to prevent or eliminate damage to the environment.

Severe Property Damage means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.

Significant Process Change means a change in the nature of discharge with respect to increased volume and type or concentrations of pollutants. Examples include adding a batch plant at a site, etc.

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Significant Amounts means those amounts of pollutants that are amenable to treatment or prevention or that have the potential to cause or contribute to a violation of standards for surface or groundwater quality or sediment management.

Significant Materials includes, but is not limited to: raw materials; fuels; materials such as solvents and detergents; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag, and sludge that have the potential to be released with stormwater or process water discharges.

Silvicultural Point Sources are timber tract and logging activities (SIC codes 0811 and 2411) that produce mined materials for use in forest management. Additionally, silvicultural point source activities are limited to rock crushing or gravel washing operations that use a discernible, confined and discrete conveyance to discharge pollutants to surface waters of the state. Site means the land or water area where any facility or activity is physically located or conducted.

Source Control BMPs means physical, structural, or mechanical devices or facilities intended to prevent pollutants from entering stormwater. A few examples of source control BMPs are erosion control practices, maintenance of stormwater facilities, construction of roofs over storage and working areas, and direction of wash water and similar discharges to the sanitary sewer or a dead end sump.

Stabilization means the application of appropriate BMPs to prevent the erosion of soils, such as temporary and permanent seeding, vegetative covers, mulching and matting, plastic covering, and sodding. See also the definition of Erosion and Sediment Control BMPs. Standard Industrial Classification (SIC) is the statistical classification standard underlying all establishment-based federal economic statistics classified by industry as reported in the 1987 SIC Manual by the Office of Management and Budget.

Storm Sewer means a sewer that is designed to carry stormwater. Also called a storm drain.

Stormwater means rainfall and snowmelt runoff.

Stormwater Drainage System means constructed and natural features that function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, or divert stormwater. Stormwater Management Manuals (SWMM) means the most current edition8 of the technical manuals [Stormwater Management Manual for Western Washington (SWMMWW) and Stormwater Management Manual for Eastern Washington (SWMMEW)] prepared by Ecology for use by local governments that contains BMPs to prevent, control, or treat pollution in stormwater. Stormwater Pollution Prevention Plan (SWPPP) means a documented plan to implement measures to identify, prevent, and control the contamination of point source discharges of stormwater.

8 Most current edition at the date of permit issuance.

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APPENDIX B — DEFINITIONS

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Substantial Change (Requiring a new application for coverage) – Substantial change of discharge for this industry group will be any modification of the facility that would change the characteristics of the discharge or include for coverage a new activity that was not previously covered.

Surface Water Discharges – For all parameters required by this permit, a grab sample of instantaneous measurement will be considered representative. Stormwater sampling should occur within 24 hours of the initial discharge from a significant precipitation event (e.g. 0.25 inch/24 hr. precipitation event). Process water or mine dewatering water sampling should be timed to occur when the facility is operating at full capacity.

Surface Waters of the State includes lakes, rivers, ponds, streams, wetlands, inland waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington.

Total Daily Maximum Load (TMDL) means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet State water quality standards. Percentages of the total maximum daily load are allocated to the various pollutant sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The TMDL calculations must include a "margin of safety" to ensure that the waterbody can be protected in case there are unforeseen events or unknown sources of the pollutant. The calculation must also account for seasonable variation in water quality. A TMDL is effective after EPA approval. TMDL as used in this permit includes alternative “direct to implementation plans”.

Total Dissolved Solids (TDS) means those solids that are capable of passing through a glass fiber filter (1.0 – 1.5 µm) and dried to a constant weight at 180 degrees centigrade.

Total Suspended Solids (TSS) is the particulate material in an effluent that does not pass through a glass fiber filter. Large quantities of TSS discharged to a receiving water may result in solids accumulation. Apart from any toxic effects attributable to substances leached out by water, suspended solids may kill fish, shellfish, and other aquatic organisms by causing abrasive injuries and by clogging the gills and respiratory passages of various aquatic fauna. Indirectly, suspended solids can screen out light and can promote and maintain the development of noxious conditions through oxygen depletion.

Treatment BMPs means BMPs intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration, and constructed wetlands.

Turbidity means the clarity of water as expressed by nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter.

Type 1 Stormwater means stormwater from portions of a site where no industrial activities have occurred or from a site or area within a site that has been reclaimed and the reclamation bond portion thereof (if any) has been released.

Type 2 Stormwater means stormwater from: 1) portions of a site where mining has temporarily or permanently ceased; or 2) from portions of a site with exposed soils in areas cleared in preparation for mining or other industrial activity. When different types of stormwater

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APPENDIX B — DEFINITIONS

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commingle the water becomes the highest of the types which have commingled (i.e. when Type 1 and Type 2 stormwater commingle the stormwater becomes Type 2).

Type 3 Stormwater means stormwater discharges from:

1. Industrial plant yards;

2. Immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility;

3. Material handling sites; 4. Sites used for the storage and maintenance of material handling equipment;

5. Sites used for residual treatment, storage, or disposal;

6. Shipping and receiving areas;

7. Storage areas for raw materials or intermediate and finished products at active sites; and

8. Areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater.

USEPA means the United States Environmental Protection Agency.

Wasteload Allocation (WLA) means the portion of a receiving water’s loading capacity that is allocated to one of its existing or future point sources of pollution. WLAs constitute a type of water quality based effluent limitation (40 CFR 130.2(h)).

Wastewater means water or liquid carried waste from industrial or commercial processes. These wastes may result from any process or activity of industry, manufacture, trade or business, or from the development of any natural resource. Examples include, but are not limited to, process water, mine dewatering water, and industrial stormwater (type 2 and 3 stormwater). Water Quality means the chemical, physical, and biological characteristics of water, normally with respect to its suitability for a particular purpose.

Waters of the State includes those waters as defined as “waters of the United States” in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and “waters of the state” as defined in Chapter 90.48 RCW. This includes groundwater, lakes, rivers, ponds, streams, wetlands, inland waters, salt waters and all other surface waters and water courses within the jurisdiction of the State of Washington.

Wellhead Protection Area (WHPA) means the portion of a well’s, well field’s, or spring’s zone of contribution defined as such using WHPA criteria established by the Washington Department of Health.

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B - Washington Administrative Code

SECTIONS 173-200 Water Quality Standards for Groundwater’s of the State of Washington

SECTION 173-303-145

Spills and Discharges into the Environment

SECTION 173-340-740 Unrestricted Land Use Soil Cleanup Standards

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Chapter ListingChapter Listing

WAC SectionsWAC Sections

173-200-010173-200-010 Introduction.Introduction.

173-200-020173-200-020 Definitions.Definitions.

173-200-030173-200-030 Antidegradation policy.Antidegradation policy.

173-200-040173-200-040 Criteria.Criteria.

173-200-050173-200-050 Enforcement limit.Enforcement limit.

173-200-060173-200-060 Point of compliance.Point of compliance.

173-200-070173-200-070 Early warning value.Early warning value.

173-200-080173-200-080 Evaluation.Evaluation.

173-200-090173-200-090 Special protection areas.Special protection areas.

173-200-100173-200-100 Implementation and enforcement.Implementation and enforcement.

173-200-010173-200-010

Introduction.Introduction.

(1) This chapter implements chapter (1) This chapter implements chapter 90.4890.48 RCW, the Water Pollution Control Act and chapter RCW, the Water Pollution Control Act and chapter

90.5490.54 RCW, the Water Resources Act of 1971. RCW, the Water Resources Act of 1971.

(2) This chapter applies to all groundwaters of the state that occur in a saturated zone or stratum(2) This chapter applies to all groundwaters of the state that occur in a saturated zone or stratum

beneath the surface of land or below a surface water body.beneath the surface of land or below a surface water body.

(3) This chapter shall not apply to:(3) This chapter shall not apply to:

(a) Contaminant concentrations found in saturated soils where those contaminants are chemicals(a) Contaminant concentrations found in saturated soils where those contaminants are chemicals

or nutrients that have been applied at agronomic rates for agricultural purpose if those contaminantsor nutrients that have been applied at agronomic rates for agricultural purpose if those contaminants

will not cause pollution of any groundwaters below the root zone.will not cause pollution of any groundwaters below the root zone.

(b) Contaminant concentrations found in saturated soils where those contaminants are(b) Contaminant concentrations found in saturated soils where those contaminants are

constituents that have been applied at approved rates and under approved methods of land treatmentconstituents that have been applied at approved rates and under approved methods of land treatment

if those contaminants will not cause pollution of any groundwaters below the root zone.if those contaminants will not cause pollution of any groundwaters below the root zone.

(c) Clean up actions approved by the department under the Model Toxics Control Act, chapter(c) Clean up actions approved by the department under the Model Toxics Control Act, chapter

70.105D70.105D RCW, or approved by the United States Environmental Protection Agency under the RCW, or approved by the United States Environmental Protection Agency under the

Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. 9601 et seq.Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. 9601 et seq.

Groundwater cleanup standards for such sites shall be developed under WAC Groundwater cleanup standards for such sites shall be developed under WAC 173-340-720173-340-720..

(4) The goal of this chapter is to maintain the highest quality of the state's groundwaters and(4) The goal of this chapter is to maintain the highest quality of the state's groundwaters and

protect existing and future beneficial uses of the groundwater through the reduction or elimination ofprotect existing and future beneficial uses of the groundwater through the reduction or elimination of

the discharge of contaminants to the state's groundwaters.the discharge of contaminants to the state's groundwaters.

(5) To implement this goal, this chapter establishes groundwater quality standards which, together(5) To implement this goal, this chapter establishes groundwater quality standards which, together

with the state's technology-based treatment requirements, provide for the protection of thewith the state's technology-based treatment requirements, provide for the protection of the

environment and human health and protection of existing and future beneficial uses of groundwaters.environment and human health and protection of existing and future beneficial uses of groundwaters.

[Statutory Authority: RCW [Statutory Authority: RCW 90.48.03590.48.035. WSR 90-22-023, § 173-200-010, filed 10/31/90, effective. WSR 90-22-023, § 173-200-010, filed 10/31/90, effective

12/1/90.]12/1/90.]

Last Update: 10/31/90Last Update: 10/31/90Chapter 173-200 WACChapter 173-200 WAC

WATER QUALITY STANDARDS FOR GROUNDWATERS OF THE STATE OFWATER QUALITY STANDARDS FOR GROUNDWATERS OF THE STATE OF

WASHINGTONWASHINGTON

Chapter 173-200 WAC: WATER QUALITY STANDARDS FOR GR... http://apps.leg.wa.gov/WAC/default.aspx?cite=173-200&full=true

1 of 16 4/7/2017 10:02 AM

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173-200-020173-200-020

Definitions.Definitions.

As used in this chapter:As used in this chapter:

(1) "Activity" means any site, area, facility, structure, vehicle, installation, or discharge which may(1) "Activity" means any site, area, facility, structure, vehicle, installation, or discharge which may

produce pollution.produce pollution.

(2) "Artificial groundwater" means groundwater that has been put in place through means, such as(2) "Artificial groundwater" means groundwater that has been put in place through means, such as

irrigation, other than natural recharge.irrigation, other than natural recharge.

(3) "Background water quality" means the concentrations of chemical, physical, biological, or(3) "Background water quality" means the concentrations of chemical, physical, biological, or

radiological constituents, or other characteristics in or of groundwater at a particular point in time andradiological constituents, or other characteristics in or of groundwater at a particular point in time and

upgradient of an activity that have not been affected by that activity.upgradient of an activity that have not been affected by that activity.

(4) "Beneficial uses" means uses of waters of the state which include but are not limited to use for(4) "Beneficial uses" means uses of waters of the state which include but are not limited to use for

domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlifedomestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife

maintenance and enhancement, recreation, generation of electric power and preservation ofmaintenance and enhancement, recreation, generation of electric power and preservation of

environmental and aesthetic values, and all other uses compatible with the enjoyment of the publicenvironmental and aesthetic values, and all other uses compatible with the enjoyment of the public

waters of the state.waters of the state.

(5) "Best management practices" or "BMPs" mean schedules of activities, prohibitions of(5) "Best management practices" or "BMPs" mean schedules of activities, prohibitions of

practices, maintenance of procedures, and other management practices, to prevent or reduce thepractices, maintenance of procedures, and other management practices, to prevent or reduce the

pollution of groundwaters of the state. BMPs also include treatment requirements, operatingpollution of groundwaters of the state. BMPs also include treatment requirements, operating

procedures and practices to control plant site runoff, spillage or leaks, sludge or water disposal, orprocedures and practices to control plant site runoff, spillage or leaks, sludge or water disposal, or

drainage from raw material storage.drainage from raw material storage.

(6) "Carcinogen" means any substance or agent that produces or tends to produce cancer in(6) "Carcinogen" means any substance or agent that produces or tends to produce cancer in

humans. For implementation of this chapter, the term carcinogen will apply to all substances on thehumans. For implementation of this chapter, the term carcinogen will apply to all substances on the

United States Environmental Protection Agency Integrated Risk Information System, IRIS database,United States Environmental Protection Agency Integrated Risk Information System, IRIS database,

of A (known human) and B1 and B2 (probable human) carcinogens for which IRIS listed an oral slopeof A (known human) and B1 and B2 (probable human) carcinogens for which IRIS listed an oral slope

factor.factor.

(7) "Contaminant" means any chemical, physical, biological, or radiological substance that does(7) "Contaminant" means any chemical, physical, biological, or radiological substance that does

not occur naturally in groundwater or that occurs at concentrations greater than those in the naturalnot occur naturally in groundwater or that occurs at concentrations greater than those in the natural

levels.levels.

(8) "Criteria" means numerical values or narrative standards that represent the maximum(8) "Criteria" means numerical values or narrative standards that represent the maximum

allowable contaminant concentrations in the groundwater.allowable contaminant concentrations in the groundwater.

(9) "Department" means the Washington state department of ecology.(9) "Department" means the Washington state department of ecology.

(10) "Early warning value" means a concentration set in accordance with WAC (10) "Early warning value" means a concentration set in accordance with WAC 173-200-070173-200-070 that that

is a percentage of a groundwater quality enforcement limit.is a percentage of a groundwater quality enforcement limit.

(11) "Enforcement limit" means the value assigned to any contaminant for the purposes of(11) "Enforcement limit" means the value assigned to any contaminant for the purposes of

regulating that contaminant.regulating that contaminant.

(12) "Groundwater" means water in a saturated zone or stratum beneath the surface of land or(12) "Groundwater" means water in a saturated zone or stratum beneath the surface of land or

below a surface water body.below a surface water body.

(13) "Human-caused pollution" means pollution resulting from human activity.(13) "Human-caused pollution" means pollution resulting from human activity.

(14) "Isolated groundwater" means groundwater fully separated from other groundwaters by an(14) "Isolated groundwater" means groundwater fully separated from other groundwaters by an

impermeable layer of rock or strata.impermeable layer of rock or strata.

(15) "Maximum contaminant level" or "MCL" means the maximum concentration of a contaminant(15) "Maximum contaminant level" or "MCL" means the maximum concentration of a contaminant

in water established by the Environmental Protection Agency under the Federal Safe Drinking Waterin water established by the Environmental Protection Agency under the Federal Safe Drinking Water

Act (42 U.S.C. 300f et seq.) and published in 40 C.F.R. 141 as presently promulgated or asAct (42 U.S.C. 300f et seq.) and published in 40 C.F.R. 141 as presently promulgated or as

subsequently amended or repromulgated.subsequently amended or repromulgated.

(16) "Maximum contaminant level goal" or "MCLG" means the maximum concentration of a(16) "Maximum contaminant level goal" or "MCLG" means the maximum concentration of a

contaminant established by the Environmental Protection Agency under the Federal Safe Drinkingcontaminant established by the Environmental Protection Agency under the Federal Safe Drinking

Water Act (42 U.S.C. 300f et seq.) and published in 40 C.F.R. 141 as presently promulgated orWater Act (42 U.S.C. 300f et seq.) and published in 40 C.F.R. 141 as presently promulgated or

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subsequently amended or repromulgated, for which no known or anticipated adverse effects onsubsequently amended or repromulgated, for which no known or anticipated adverse effects on

human health occur including an adequate margin of safety.human health occur including an adequate margin of safety.

(17) "Natural groundwater quality" means groundwater quality that was present before any(17) "Natural groundwater quality" means groundwater quality that was present before any

human-caused pollution.human-caused pollution.

(18) "Naturally nonpotable groundwater" means groundwater that is unsuitable for drinking water(18) "Naturally nonpotable groundwater" means groundwater that is unsuitable for drinking water

because of natural groundwater quality and for which current treatment methods are consideredbecause of natural groundwater quality and for which current treatment methods are considered

unreasonable and impractical.unreasonable and impractical.

(19) "Permit" means a department authorization, license, or equivalent control document issued to(19) "Permit" means a department authorization, license, or equivalent control document issued to

a facility, activity, or entity authorized to treat, store, dispose, or discharge materials or wastes. Thisa facility, activity, or entity authorized to treat, store, dispose, or discharge materials or wastes. This

includes, but is not limited to, state waste discharge permits issued pursuant to chapter includes, but is not limited to, state waste discharge permits issued pursuant to chapter 173-216173-216

WAC, permits for dangerous waste management facilities issued pursuant to chapter WAC, permits for dangerous waste management facilities issued pursuant to chapter 173-303173-303 WAC, WAC,

and permits for groundwater withdrawal issued pursuant to chapter and permits for groundwater withdrawal issued pursuant to chapter 90.4490.44 RCW. RCW.

(20) "Person" means any political subdivision, government agency, municipality, industry, public or(20) "Person" means any political subdivision, government agency, municipality, industry, public or

private corporation, partnership, association, firm, individual, or any other entity whatsoever.private corporation, partnership, association, firm, individual, or any other entity whatsoever.

(21) "Point of compliance" means the location, set in accordance with WAC (21) "Point of compliance" means the location, set in accordance with WAC 173-200-060173-200-060, where, where

the groundwater quality enforcement limit shall not be exceeded.the groundwater quality enforcement limit shall not be exceeded.

(22) "Pollution" means such contamination, or other alteration of the physical, chemical or(22) "Pollution" means such contamination, or other alteration of the physical, chemical or

biological properties, of any waters of the state, including change in temperature, taste, color,biological properties, of any waters of the state, including change in temperature, taste, color,

turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or otherturbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other

substance into any waters of the state as will or is likely to create a nuisance or render such waterssubstance into any waters of the state as will or is likely to create a nuisance or render such waters

harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial,harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial,

industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals,industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals,

birds, fish, or other aquatic life.birds, fish, or other aquatic life.

(23) "Practical quantification level" or "PQL" means the lowest concentration of a substance that(23) "Practical quantification level" or "PQL" means the lowest concentration of a substance that

can be reliably achieved within specific limits of precision, accuracy, representativeness,can be reliably achieved within specific limits of precision, accuracy, representativeness,

completeness, and comparability during routine laboratory operating conditions.completeness, and comparability during routine laboratory operating conditions.

(24) "Root zone" means the zone that extends from the surface of the soil to the depth of the(24) "Root zone" means the zone that extends from the surface of the soil to the depth of the

lowest root and is specific to a species of plant, group of plants, or crop.lowest root and is specific to a species of plant, group of plants, or crop.

(25) "Saturated zone" means the zone below the water table in which all interstices are filled with(25) "Saturated zone" means the zone below the water table in which all interstices are filled with

water.water.

(26) "Seasonal groundwater" means groundwater that exists for a temporary period of the year(26) "Seasonal groundwater" means groundwater that exists for a temporary period of the year

and is usually associated with a particular activity or phenomenon.and is usually associated with a particular activity or phenomenon.

(27) "State waste discharge permit" means a permit issued in accordance with the state waste(27) "State waste discharge permit" means a permit issued in accordance with the state waste

discharge permit program, chapter discharge permit program, chapter 173-216173-216 WAC. WAC.

[Statutory Authority: RCW [Statutory Authority: RCW 90.48.03590.48.035. WSR 90-22-023, § 173-200-020, filed 10/31/90, effective. WSR 90-22-023, § 173-200-020, filed 10/31/90, effective

12/1/90.]12/1/90.]

173-200-030173-200-030

Antidegradation policy.Antidegradation policy.

(1) The antidegradation policy of the state of Washington, is generally guided by chapter (1) The antidegradation policy of the state of Washington, is generally guided by chapter 90.4890.48

RCW, the Water Pollution Control Act, and chapter RCW, the Water Pollution Control Act, and chapter 90.5490.54 RCW, the Water Resources Act of 1971. RCW, the Water Resources Act of 1971.

The goal of this policy is to ensure the purity of the state's groundwaters and to protect the naturalThe goal of this policy is to ensure the purity of the state's groundwaters and to protect the natural

environment.environment.

(2) The antidegradation policy is as follows:(2) The antidegradation policy is as follows:

(a) Existing and future beneficial uses shall be maintained and protected and degradation of(a) Existing and future beneficial uses shall be maintained and protected and degradation of

groundwater quality that would interfere with or become injurious to beneficial uses shall not begroundwater quality that would interfere with or become injurious to beneficial uses shall not be

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allowed.allowed.

(b) Degradation shall not be allowed of high quality groundwaters constituting an outstanding(b) Degradation shall not be allowed of high quality groundwaters constituting an outstanding

national or state resource, such as waters of national and state parks and wildlife refuges, and watersnational or state resource, such as waters of national and state parks and wildlife refuges, and waters

of exceptional recreational or ecological significance.of exceptional recreational or ecological significance.

(c) Whenever groundwaters are of a higher quality than the criteria assigned for said waters, the(c) Whenever groundwaters are of a higher quality than the criteria assigned for said waters, the

existing water quality shall be protected, and contaminants that will reduce the existing quality thereofexisting water quality shall be protected, and contaminants that will reduce the existing quality thereof

shall not be allowed to enter such waters, except in those instances where it can be demonstrated toshall not be allowed to enter such waters, except in those instances where it can be demonstrated to

the department's satisfaction that:the department's satisfaction that:

(i) An overriding consideration of the public interest will be served; and(i) An overriding consideration of the public interest will be served; and

(ii) All contaminants proposed for entry into said groundwaters shall be provided with all known,(ii) All contaminants proposed for entry into said groundwaters shall be provided with all known,

available, and reasonable methods of prevention, control, and treatment prior to entry.available, and reasonable methods of prevention, control, and treatment prior to entry.

[Statutory Authority: RCW [Statutory Authority: RCW 90.48.03590.48.035. WSR 90-22-023, § 173-200-030, filed 10/31/90, effective. WSR 90-22-023, § 173-200-030, filed 10/31/90, effective

12/1/90.]12/1/90.]

173-200-040173-200-040

Criteria.Criteria.

(1) Groundwaters in the state of Washington support many different beneficial uses. The purpose(1) Groundwaters in the state of Washington support many different beneficial uses. The purpose

of these criteria is to establish maximum contaminant concentrations for the protection of a variety ofof these criteria is to establish maximum contaminant concentrations for the protection of a variety of

beneficial uses of Washington's groundwater.beneficial uses of Washington's groundwater.

(a) Drinking water is the beneficial use generally requiring the highest quality of groundwater.(a) Drinking water is the beneficial use generally requiring the highest quality of groundwater.

(b) Providing protection to the level of drinking water standards will protect a great variety of(b) Providing protection to the level of drinking water standards will protect a great variety of

existing and future beneficial uses.existing and future beneficial uses.

(c) Some groundwaters of the state support environmental systems with existing and future(c) Some groundwaters of the state support environmental systems with existing and future

beneficial uses requiring more stringent protection than that provided by human health based criteria.beneficial uses requiring more stringent protection than that provided by human health based criteria.

These groundwaters and dependent uses will be protected by either or both of the following:These groundwaters and dependent uses will be protected by either or both of the following:

(i) Designation of an area and its associated groundwater as a special protection area in(i) Designation of an area and its associated groundwater as a special protection area in

accordance with WAC accordance with WAC 173-200-090173-200-090..

(ii) Establishment of enforcement limits as close to the natural groundwater quality as possible for(ii) Establishment of enforcement limits as close to the natural groundwater quality as possible for

activities that may adversely affect those groundwaters in accordance with WAC activities that may adversely affect those groundwaters in accordance with WAC 173-200-050173-200-050..

(d) The use of criteria based on drinking water quality shall in no way be interpreted to mean that(d) The use of criteria based on drinking water quality shall in no way be interpreted to mean that

all groundwaters are used for drinking water or that all groundwaters are presently suitable forall groundwaters are used for drinking water or that all groundwaters are presently suitable for

drinking water.drinking water.

(2) The following criteria shall apply to all groundwaters in the state of Washington:(2) The following criteria shall apply to all groundwaters in the state of Washington:

(a) Groundwater concentrations shall not exceed the criteria listed in Table 1, except as described(a) Groundwater concentrations shall not exceed the criteria listed in Table 1, except as described

in WAC in WAC 173-200-050173-200-050 (3)(b). (3)(b).

(b) For the primary and secondary contaminants and radionuclides listed in Table 1, the criteria(b) For the primary and secondary contaminants and radionuclides listed in Table 1, the criteria

shall be the most stringent concentration of the following and those listed in Table 1:shall be the most stringent concentration of the following and those listed in Table 1:

(i) Maximum contaminant level goals;(i) Maximum contaminant level goals;

(ii) Maximum contaminant levels; and(ii) Maximum contaminant levels; and

(iii) State maximum contaminant levels published in chapter (iii) State maximum contaminant levels published in chapter 248-54248-54 WAC as presently WAC as presently

promulgated or subsequently amended or repromulgated.promulgated or subsequently amended or repromulgated.

The criteria for primary and secondary contaminants and radionuclide contaminants in Table 1The criteria for primary and secondary contaminants and radionuclide contaminants in Table 1

shall be amended as the federal and state rules are amended and without amendment of this chapter.shall be amended as the federal and state rules are amended and without amendment of this chapter.

(c) For carcinogens listed in Table 1, the criteria are the concentrations that are anticipated to(c) For carcinogens listed in Table 1, the criteria are the concentrations that are anticipated to

result in a total incremental human cancer risk of less than 1 in 1,000,000, and were estimated usingresult in a total incremental human cancer risk of less than 1 in 1,000,000, and were estimated using

the following equation and standard exposure assumptions:the following equation and standard exposure assumptions:

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GroundwaterGroundwater

Criteria =Criteria =

(ug/1)(ug/1)

RISK x BW x LIFE xRISK x BW x LIFE x

UCFUCF

CPF x DWIR x DURCPF x DWIR x DUR

Where:Where:

RISKRISK == Human cancer risk level (1 inHuman cancer risk level (1 in

1,000,000)1,000,000)

BWBW == Body Weight (70 kg)Body Weight (70 kg)

LIFELIFE == Lifetime (70 years)Lifetime (70 years)

UCFUCF == Unit conversion factor (1,000Unit conversion factor (1,000

ug/mg)ug/mg)

CPFCPF == Cancer potency factor asCancer potency factor as

published in the IRISpublished in the IRIS

database (1/mg/kg/day)database (1/mg/kg/day)

DWIRDWIR == Drinking water ingestion rateDrinking water ingestion rate

(2.0 liters/day)(2.0 liters/day)

DURDUR == Duration of exposure (30 years)Duration of exposure (30 years)

For volatile carcinogens, inhalation exposure from showering was incorporated into the criteria byFor volatile carcinogens, inhalation exposure from showering was incorporated into the criteria by

doubling the drinking water ingestion rate.doubling the drinking water ingestion rate.

(3) For contaminants for which no numeric criteria have been established, enforcement limits shall(3) For contaminants for which no numeric criteria have been established, enforcement limits shall

be established in accordance with WAC be established in accordance with WAC 173-200-050173-200-050..

TABLE 1TABLE 1

GROUNDWATER QUALITY CRITERIAGROUNDWATER QUALITY CRITERIA

CONTAMINANTCONTAMINANT CRITERIONCRITERION

I.I. PRIMARY AND SECONDARY CONTAMINANTS ANDPRIMARY AND SECONDARY CONTAMINANTS AND

RADIONUCLIDESRADIONUCLIDES

A.A. PRIMARY CONTAMINANTSPRIMARY CONTAMINANTS

Barium*Barium* 1.01.0 milligrams/milligrams/

liter (mg/1)liter (mg/1)

Cadmium*Cadmium* 0.010.01 mg/1mg/1

Chromium*Chromium* 0.050.05 mg/1mg/1

Lead*Lead* 0.050.05 mg/1mg/1

Mercury*Mercury* 0.0020.002 mg/1mg/1

Selenium*Selenium* 0.010.01 mg/1mg/1

Silver*Silver* 0.050.05 mg/1mg/1

FluorideFluoride 44 mg/1mg/1

Nitrate (as N)Nitrate (as N) 1010 mg/1mg/1

EndrinEndrin 0.00020.0002 mg/1mg/1

MethoxychlorMethoxychlor 0.10.1 mg/1mg/1

1,1,1-Trichloroethane1,1,1-Trichloroethane 0.200.20 mg/1mg/1

2-4 D2-4 D 0.100.10 mg/1mg/1

2,4,5-TP Silvex2,4,5-TP Silvex 0.010.01 mg/1mg/1

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CONTAMINANTCONTAMINANT CRITERIONCRITERION

Total Coliform BacteriaTotal Coliform Bacteria 1/1001/100 mlml

B.B. SECONDARY CONTAMINANTSSECONDARY CONTAMINANTS

Copper*Copper* 1.01.0 mg/1mg/1

Iron*Iron* 0.300.30 mg/1mg/1

Manganese*Manganese* 0.050.05 mg/1mg/1

Zinc*Zinc* 5.05.0 mg/1mg/1

ChlorideChloride 250250 mg/1mg/1

SulfateSulfate 250250 mg/1mg/1

Total Dissolved SolidsTotal Dissolved Solids 500500 mg/1mg/1

Foaming AgentsFoaming Agents 0.50.5 mg/1mg/1

pHpH 6.5-8.56.5-8.5

CorrosivityCorrosivity noncorrosivenoncorrosive

ColorColor 15 color units15 color units

OdorOdor 3 threshold3 threshold

odor unitsodor units

C.C. RADIONUCLIDESRADIONUCLIDES

Gross Alpha ParticleGross Alpha Particle

ActivityActivity

1515 pico Curie/pico Curie/

liter (pCi/1)liter (pCi/1)

Gross Beta ParticleGross Beta Particle

RadioactivityRadioactivity

Gross Beta ActivityGross Beta Activity

TritiumTritium

Strontium-90Strontium-90

5050

20,00020,000

88

pCi/lpCi/l

pCi/lpCi/l

pCi/lpCi/l

Radium 226 & 228Radium 226 & 228 55 pCi/1pCi/1

Radium -226Radium -226 33 pCi/1pCi/1

II. CARCINOGENSII. CARCINOGENS

AcrylamideAcrylamide 0.020.02 micrograms/micrograms/

liter ug/1liter ug/1

AcrylonitrileAcrylonitrile 0.070.07 ug/1ug/1

AldrinAldrin 0.0050.005 ug/1ug/1

AnilineAniline 1414 ug/1ug/1

AramiteAramite 33 ug/1ug/1

Arsenic*Arsenic* 0.050.05 (ug/1)(ug/1)

AzobenzeneAzobenzene 0.70.7 ug/1ug/1

BenzeneBenzene 1.01.0 ug/1ug/1

BenzidineBenzidine 0.00040.0004 ug/1ug/1

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CONTAMINANTCONTAMINANT CRITERIONCRITERION

Benzo(a)pyreneBenzo(a)pyrene 0.0080.008 ug/1ug/1

BenzotrichlorideBenzotrichloride 0.0070.007 ug/1ug/1

Benzyl chlorideBenzyl chloride 0.50.5 ug/1ug/1

Bis(chloroethyl)etherBis(chloroethyl)ether 0.070.07 ug/1ug/1

Bis(chloromethyl)etherBis(chloromethyl)ether 0.00040.0004 ug/1ug/1

Bis(2-ethylhexyl)Bis(2-ethylhexyl)

phthalatephthalate

6.06.0 ug/1ug/1

BromodichloromethaneBromodichloromethane 0.30.3 ug/1ug/1

BromoformBromoform 55 ug/1ug/1

CarbazoleCarbazole 55 ug/1ug/1

Carbon tetrachlorideCarbon tetrachloride 0.30.3 ug/1ug/1

ChlordaneChlordane 0.060.06 ug/1ug/1

ChlorodibromomethaneChlorodibromomethane 0.50.5 ug/1ug/1

ChloroformChloroform 7.07.0 ug/1ug/1

4 Chloro-2-methyl4 Chloro-2-methyl

anilineaniline

0.10.1 ug/1ug/1

4 Chloro-2-methyl4 Chloro-2-methyl

analineanaline

hydrochloridehydrochloride

0.20.2 ug/1ug/1

o-Chloronitrobenzeneo-Chloronitrobenzene 33 ug/1ug/1

p-Chloronitrobenzenep-Chloronitrobenzene 55 ug/1ug/1

ChlorthalonilChlorthalonil 3030 ug/1ug/1

DiallateDiallate 11 ug/1ug/1

DDT (includes DDE andDDT (includes DDE and

DDD)DDD)

0.30.3 ug/1ug/1

1,2 Dibromoethane1,2 Dibromoethane 0.0010.001 ug/1ug/1

1,4 Dichlorobenzene1,4 Dichlorobenzene 44 ug/1ug/1

3,3' Dichlorobenzidine3,3' Dichlorobenzidine 0.20.2 ug/1ug/1

1,1 Dichloroethane1,1 Dichloroethane 1.01.0 ug/1ug/1

1,2 Dichloroethane1,2 Dichloroethane

(ethylene chloride)(ethylene chloride) 0.50.5 ug/1ug/1

1,2 Dichloropropane1,2 Dichloropropane 0.60.6 ug/1ug/1

1,3 Dichloropropene1,3 Dichloropropene 0.20.2 ug/1ug/1

DichlorvosDichlorvos 0.30.3 ug/1ug/1

DieldrinDieldrin 0.0050.005 ug/1ug/1

3,3' Dimethoxybenzidine3,3' Dimethoxybenzidine 66 ug/1ug/1

3,3 Dimethylbenzidine3,3 Dimethylbenzidine 0.0070.007

1,2 Dimethylhydrazine1,2 Dimethylhydrazine 6060 ug/1ug/1

2,4 Dinitrotoluene2,4 Dinitrotoluene 0.10.1 ug/1ug/1

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CONTAMINANTCONTAMINANT CRITERIONCRITERION

2,6 Dinitrotoluene2,6 Dinitrotoluene 0.10.1 ug/1ug/1

1,4 Dioxane1,4 Dioxane 7.07.0 ug/1ug/1

1,2 Diphenylhydrazine1,2 Diphenylhydrazine 0.090.09 ug/1ug/1

Direct Black 38Direct Black 38 0.0090.009 ug/1ug/1

Direct Blue 6Direct Blue 6 0.0090.009 ug/1ug/1

Direct Brown 95Direct Brown 95 0.0090.009 ug/1ug/1

EpichlorohydrinEpichlorohydrin 88 ug/1ug/1

Ethyl acrylateEthyl acrylate 22 ug/1ug/1

Ethylene dibromideEthylene dibromide 0.0010.001 ug/1ug/1

Ethylene thioureaEthylene thiourea 22 ug/1ug/1

FolpetFolpet 2020 ug/1ug/1

FurazolidoneFurazolidone 0.020.02 ug/1ug/1

FuriumFurium 0.0020.002 ug/1ug/1

FurmecycloxFurmecyclox 33 ug/1ug/1

HeptachlorHeptachlor 0.020.02 ug/1ug/1

Heptachlor EpoxideHeptachlor Epoxide 0.0090.009 ug/1ug/1

HexachlorobenzeneHexachlorobenzene 0.050.05 ug/1ug/1

HexachlorocyclohexaneHexachlorocyclohexane

(alpha)(alpha)

0.0010.001 ug/1ug/1

HexachlorocyclohexaneHexachlorocyclohexane

(technical)(technical) 0.050.05 ug/1ug/1

Hexachlorodibenzo-Hexachlorodibenzo-

p-dioxin, mixp-dioxin, mix 0.000010.00001 ug/1ug/1

Hydrazine/HydrazineHydrazine/Hydrazine

sulfatesulfate

0.030.03 ug/1ug/1

LindaneLindane 0.060.06 ug/1ug/1

2 Methoxy-5-nitroaniline2 Methoxy-5-nitroaniline 22 ug/1ug/1

2 Methylaniline2 Methylaniline 0.20.2 ug/1ug/1

2 Methylaniline2 Methylaniline

hydrochloridehydrochloride

0.50.5 ug/1ug/1

4,4' Methylene bis(N,N'-4,4' Methylene bis(N,N'-

dimethyl)dimethyl)

anilineaniline 22 ug/1ug/1

Methylene chlorideMethylene chloride

(dichloromethane)(dichloromethane) 55 ug/1ug/1

MirexMirex 0.050.05 ug/1ug/1

NitrofurazoneNitrofurazone 0.060.06 ug/1ug/1

N-NitrosodiethanolamineN-Nitrosodiethanolamine 0.030.03 ug/1ug/1

N-NitrosodiethylamineN-Nitrosodiethylamine 0.00050.0005 ug/1ug/1

N-NitrosodimethylamineN-Nitrosodimethylamine 0.0020.002 ug/1ug/1

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CONTAMINANTCONTAMINANT CRITERIONCRITERION

N-NitrosodiphenylamineN-Nitrosodiphenylamine 1717 ug/1ug/1

N-Nitroso-N-Nitroso-

di-n-propylaminedi-n-propylamine

0.010.01 ug/1ug/1

N-NitrosopyrrolidineN-Nitrosopyrrolidine 0.040.04 ug/1ug/1

N-Nitroso-N-Nitroso-

di-n-butylaminedi-n-butylamine

0.020.02 ug/1ug/1

N-Nitroso-N-Nitroso-

N-methylethylamineN-methylethylamine

0.0040.004 ug/1ug/1

PAHPAH 0.010.01 ug/1ug/1

PBBsPBBs 0.010.01 ug/1ug/1

PCBsPCBs 0.010.01 ug/1ug/1

o-Phenylenediamineo-Phenylenediamine 0.0050.005 ug/1ug/1

Propylene oxidePropylene oxide 0.010.01 ug/1ug/1

2,3,7,8-2,3,7,8-

Tetrachlorodibenzo-Tetrachlorodibenzo-

p-dioxinp-dioxin 0.00000060.0000006 ug/1ug/1

TetrachloroethyleneTetrachloroethylene

(perchloroethylene)(perchloroethylene) 0.80.8 ug/1ug/1

p,α,α,α-p,α,α,α-

TetrachlorotolueneTetrachlorotoluene

0.0040.004 ug/1ug/1

2,4 Toluenediamine2,4 Toluenediamine 0.0020.002 ug/1ug/1

o-Toluidineo-Toluidine 0.20.2 ug/1ug/1

ToxapheneToxaphene 0.080.08 ug/1ug/1

TrichloroethyleneTrichloroethylene 33 ug/1ug/1

2,4,6-Trichlorophenol2,4,6-Trichlorophenol 44 ug/1ug/1

Trimethyl phosphateTrimethyl phosphate 22 ug/1ug/1

Vinyl chlorideVinyl chloride 0.020.02 ug/1ug/1

*metals are measured as total metals*metals are measured as total metals

[Statutory Authority: RCW [Statutory Authority: RCW 90.48.03590.48.035. WSR 90-22-023, § 173-200-040, filed 10/31/90, effective. WSR 90-22-023, § 173-200-040, filed 10/31/90, effective

12/1/90.]12/1/90.]

173-200-050173-200-050

Enforcement limit.Enforcement limit.

(1) An enforcement limit is a value assigned to any contaminant for the purposes of regulating that(1) An enforcement limit is a value assigned to any contaminant for the purposes of regulating that

contaminant to protect existing groundwater quality and to prevent groundwater pollution.contaminant to protect existing groundwater quality and to prevent groundwater pollution.

(2) Enforcement limits shall be defined on a case-by-case basis and shall be met at the point of(2) Enforcement limits shall be defined on a case-by-case basis and shall be met at the point of

compliance as defined in WAC compliance as defined in WAC 173-200-060173-200-060. When the point of compliance is established at or in. When the point of compliance is established at or in

close proximity to the property boundary, enforcement limits shall be established sufficiently belowclose proximity to the property boundary, enforcement limits shall be established sufficiently below

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criteria to provide an adequate margin of safety to ensure pollution does not extend beyond thecriteria to provide an adequate margin of safety to ensure pollution does not extend beyond the

property boundary.property boundary.

(3) All enforcement limits shall, at a minimum, be based on all known, available, and reasonable(3) All enforcement limits shall, at a minimum, be based on all known, available, and reasonable

methods of prevention, control, and treatment.methods of prevention, control, and treatment.

(a) The department shall consider all of the following in establishing enforcement limits:(a) The department shall consider all of the following in establishing enforcement limits:

(i) The antidegradation policy;(i) The antidegradation policy;

(ii) Establishment of an enforcement limit as near the natural groundwater quality as practical;(ii) Establishment of an enforcement limit as near the natural groundwater quality as practical;

(iii) Overall protection of human health and the environment;(iii) Overall protection of human health and the environment;

(iv) Whether the potentially affected area has been designated as a special protection area;(iv) Whether the potentially affected area has been designated as a special protection area;

(v) Protection of existing and future beneficial uses;(v) Protection of existing and future beneficial uses;

(vi) Effects of the presence of multiple chemicals, multiple exposure pathways in accordance with(vi) Effects of the presence of multiple chemicals, multiple exposure pathways in accordance with

subsection (5) of this section, and toxicity of individual contaminants;subsection (5) of this section, and toxicity of individual contaminants;

(vii) Federal, state, tribal, and local land use plans, policies, or ordinances including wellhead(vii) Federal, state, tribal, and local land use plans, policies, or ordinances including wellhead

protection programs;protection programs;

(viii) Pollution of other media such as soils or surface waters; and(viii) Pollution of other media such as soils or surface waters; and

(ix) Any other considerations the department deems pertinent to achieve the objectives of this(ix) Any other considerations the department deems pertinent to achieve the objectives of this

chapter.chapter.

(b) Where a criterion is established for a given contaminant, the enforcement limit shall not(b) Where a criterion is established for a given contaminant, the enforcement limit shall not

exceed the criterion except as follows:exceed the criterion except as follows:

(i) When the natural groundwater quality for a contaminant exceeds the criterion, the enforcement(i) When the natural groundwater quality for a contaminant exceeds the criterion, the enforcement

limit for that contaminant shall be equal to the natural level.limit for that contaminant shall be equal to the natural level.

(ii) When the background groundwater quality exceeds a criterion, the enforcement limit at the(ii) When the background groundwater quality exceeds a criterion, the enforcement limit at the

point of compliance shall not exceed the background groundwater quality for that criterion.point of compliance shall not exceed the background groundwater quality for that criterion.

Enforcement limits based on elevated background groundwater quality shall in no way be construedEnforcement limits based on elevated background groundwater quality shall in no way be construed

to allow continued pollution of the receiving groundwater.to allow continued pollution of the receiving groundwater.

(iii) When a criterion is less than the practical quantification level, the enforcement limit shall be(iii) When a criterion is less than the practical quantification level, the enforcement limit shall be

established in an alternate location to provide a realistic estimate that the criterion shall not beestablished in an alternate location to provide a realistic estimate that the criterion shall not be

exceeded in the groundwater. Evaluation for such enforcement limits shall be performed inexceeded in the groundwater. Evaluation for such enforcement limits shall be performed in

accordance with WAC accordance with WAC 173-200-080173-200-080(5).(5).

(iv) When naturally nonpotable groundwater exceeds a secondary contaminant criterion, an(iv) When naturally nonpotable groundwater exceeds a secondary contaminant criterion, an

enforcement limit for a secondary contaminant may exceed a criterion when it can be demonstratedenforcement limit for a secondary contaminant may exceed a criterion when it can be demonstrated

to the department's satisfaction that:to the department's satisfaction that:

(A) The environment is protected;(A) The environment is protected;

(B) Human health is protected in consultation with the Washington state department of health;(B) Human health is protected in consultation with the Washington state department of health;

(C) Existing and future beneficial uses are not harmed; and(C) Existing and future beneficial uses are not harmed; and

(D) All known, available, and reasonable methods of prevention, control, and treatment will not(D) All known, available, and reasonable methods of prevention, control, and treatment will not

result in concentrations less than the secondary contaminant criteria.result in concentrations less than the secondary contaminant criteria.

(v) Enforcement limits may exceed criteria in isolated artificial or seasonal groundwaters when all(v) Enforcement limits may exceed criteria in isolated artificial or seasonal groundwaters when all

of the following conditions exist:of the following conditions exist:

(A) The isolated artificial or seasonal groundwaters are of insufficient quantity for use as a(A) The isolated artificial or seasonal groundwaters are of insufficient quantity for use as a

drinking water source;drinking water source;

(B) Established enforcement limits will not cause harm to existing and future beneficial uses(B) Established enforcement limits will not cause harm to existing and future beneficial uses

including support of seasonal wetlands;including support of seasonal wetlands;

(C) Accumulation of contaminants will not cause adverse acute or chronic effects to human health(C) Accumulation of contaminants will not cause adverse acute or chronic effects to human health

as determined in consultation with the Washington state department of health;as determined in consultation with the Washington state department of health;

(D) Accumulation of contaminants will not cause adverse acute or chronic effects to the(D) Accumulation of contaminants will not cause adverse acute or chronic effects to the

environment.environment.

(vi) In rare circumstances the department may allow an enforcement limit to exceed a criterion for(vi) In rare circumstances the department may allow an enforcement limit to exceed a criterion for

an activity for a period not to exceed five years without reconsideration of the evidence presented inan activity for a period not to exceed five years without reconsideration of the evidence presented in

subitems (A), (B), and (C) of this subdivision, and if all of the following conditions are met:subitems (A), (B), and (C) of this subdivision, and if all of the following conditions are met:

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(A) The permit holder or responsible person demonstrates to the department's satisfaction that an(A) The permit holder or responsible person demonstrates to the department's satisfaction that an

enforcement limit that exceeds a criterion is necessary to provide greater benefit to the environmentenforcement limit that exceeds a criterion is necessary to provide greater benefit to the environment

as a whole and to protect other media such as air, surface water, soil, or sediments;as a whole and to protect other media such as air, surface water, soil, or sediments;

(B) The activity has been demonstrated to be in the overriding public interest of human health and(B) The activity has been demonstrated to be in the overriding public interest of human health and

the environment;the environment;

(C) The department selects, from a variety of control technologies available for reducing and(C) The department selects, from a variety of control technologies available for reducing and

eliminating contamination from each potentially affected media, the technologies that minimizeeliminating contamination from each potentially affected media, the technologies that minimize

impacts to all affected media; andimpacts to all affected media; and

(D) The action has been approved by the director of the department or his/her designee.(D) The action has been approved by the director of the department or his/her designee.

(4) Where a criterion is not established for a contaminant, the enforcement limit in groundwater(4) Where a criterion is not established for a contaminant, the enforcement limit in groundwater

shall not exceed the practical quantification level except:shall not exceed the practical quantification level except:

(a) Where there is evidence that a lower concentration would better protect human health and the(a) Where there is evidence that a lower concentration would better protect human health and the

environment (based on published health advisories, risk assessments, and other availableenvironment (based on published health advisories, risk assessments, and other available

information), the department shall establish a more stringent enforcement limit;information), the department shall establish a more stringent enforcement limit;

(b) If clear and convincing evidence can be provided to the department that an alternative(b) If clear and convincing evidence can be provided to the department that an alternative

concentration will provide protection to human health and the environment, the department mayconcentration will provide protection to human health and the environment, the department may

establish an enforcement limit higher than the practical quantification level.establish an enforcement limit higher than the practical quantification level.

Protection of human health shall be determined in consultation with the Washington stateProtection of human health shall be determined in consultation with the Washington state

department of health.department of health.

(5) For multiple contaminants and multiple routes of exposure, enforcement limits shall be(5) For multiple contaminants and multiple routes of exposure, enforcement limits shall be

addressed as follows:addressed as follows:

(a) Estimated doses of individual contaminants from one or more routes of exposure are assumed(a) Estimated doses of individual contaminants from one or more routes of exposure are assumed

to be additive unless evidence is available to suggest otherwise.to be additive unless evidence is available to suggest otherwise.

(b) Adverse effects of multiple contaminants with similar types of toxic responses are assumed to(b) Adverse effects of multiple contaminants with similar types of toxic responses are assumed to

be additive unless evidence is available to suggest otherwise.be additive unless evidence is available to suggest otherwise.

(c) Human cancer risks associated with multiple carcinogens are assumed to be additive unless(c) Human cancer risks associated with multiple carcinogens are assumed to be additive unless

evidence is available to suggest otherwise and shall not exceed a total incremental human cancer riskevidence is available to suggest otherwise and shall not exceed a total incremental human cancer risk

of 1 in 1,000,000.of 1 in 1,000,000.

(6) The enforcement limit for a specific activity may be established through, but not limited to the(6) The enforcement limit for a specific activity may be established through, but not limited to the

following mechanisms: A state administrative rule, a state waste discharge permit, other departmentfollowing mechanisms: A state administrative rule, a state waste discharge permit, other department

permit, or administrative order.permit, or administrative order.

(7) The groundwater quality at the point of compliance for an activity may temporarily exceed an(7) The groundwater quality at the point of compliance for an activity may temporarily exceed an

enforcement limit while the activity is under an enforceable schedule of compliance.enforcement limit while the activity is under an enforceable schedule of compliance.

[Statutory Authority: RCW [Statutory Authority: RCW 90.48.03590.48.035. WSR 90-22-023, § 173-200-050, filed 10/31/90, effective. WSR 90-22-023, § 173-200-050, filed 10/31/90, effective

12/1/90.]12/1/90.]

173-200-060173-200-060

Point of compliance.Point of compliance.

(1) The point of compliance is the location where the enforcement limit, set in accordance with(1) The point of compliance is the location where the enforcement limit, set in accordance with

WAC WAC 173-200-050173-200-050, shall be measured and shall not be exceeded., shall be measured and shall not be exceeded.

(a) The department shall establish the point of compliance for an activity. The point of compliance(a) The department shall establish the point of compliance for an activity. The point of compliance

shall be established in the groundwater as near the source as technically, hydrogeologically, andshall be established in the groundwater as near the source as technically, hydrogeologically, and

geographically feasible.geographically feasible.

(b) Compliance with the enforcement limits shall be maintained throughout the site from the(b) Compliance with the enforcement limits shall be maintained throughout the site from the

uppermost level of the saturated zone extending vertically to the lowest depth that could potentially beuppermost level of the saturated zone extending vertically to the lowest depth that could potentially be

affected by an activity.affected by an activity.

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(2) An alternative point of compliance, established at a location some distance from the source up(2) An alternative point of compliance, established at a location some distance from the source up

to but not exceeding the property boundary, may be approved by the department as follows:to but not exceeding the property boundary, may be approved by the department as follows:

(a) An alternative point of compliance may be approved in the following situations:(a) An alternative point of compliance may be approved in the following situations:

(i) When all known, available, and reasonable methods of prevention, control, and treatment result(i) When all known, available, and reasonable methods of prevention, control, and treatment result

in an exceedance of the criteria at the point of compliance.in an exceedance of the criteria at the point of compliance.

(ii) When a point of compliance is defined in another state administrative rule including, but not(ii) When a point of compliance is defined in another state administrative rule including, but not

limited to, Minimum functional standards for solid waste handling (chapter limited to, Minimum functional standards for solid waste handling (chapter 173-304173-304 WAC), Dangerous WAC), Dangerous

waste regulations (chapter waste regulations (chapter 173-303173-303 WAC), and Uranium and/or thorium mill operation and WAC), and Uranium and/or thorium mill operation and

stabilization of mill tailing piles (chapter stabilization of mill tailing piles (chapter 402-52402-52 WAC). WAC).

(b) In determining an alternative point of compliance, the department shall consider, at a(b) In determining an alternative point of compliance, the department shall consider, at a

minimum, the following factors:minimum, the following factors:

(i) Effectiveness of all known, available, and reasonable methods of prevention, control, and(i) Effectiveness of all known, available, and reasonable methods of prevention, control, and

treatment;treatment;

(ii) The contaminant volume, type, mobility, and characteristics;(ii) The contaminant volume, type, mobility, and characteristics;

(iii) Design and life span of the activity;(iii) Design and life span of the activity;

(iv) Existing and anticipated land and groundwater uses; and(iv) Existing and anticipated land and groundwater uses; and

(v) Remedial options if an enforcement level is exceeded at the point of compliance.(v) Remedial options if an enforcement level is exceeded at the point of compliance.

(3) The department recognizes that evaluation of the impact of an activity at the designated point(3) The department recognizes that evaluation of the impact of an activity at the designated point

of compliance may be impractical, and the department may allow evaluation of that activity at someof compliance may be impractical, and the department may allow evaluation of that activity at some

other point, in accordance with WAC 173-200-100 and 173-200-080(5).other point, in accordance with WAC 173-200-100 and 173-200-080(5).

[Statutory Authority: RCW [Statutory Authority: RCW 90.48.03590.48.035. WSR 90-22-023, § 173-200-060, filed 10/31/90, effective. WSR 90-22-023, § 173-200-060, filed 10/31/90, effective

12/1/90.]12/1/90.]

173-200-070173-200-070

Early warning value.Early warning value.

(1) The purpose of an early warning value is to provide early detection of increasing contaminant(1) The purpose of an early warning value is to provide early detection of increasing contaminant

concentrations that may approach or exceed enforcement limits.concentrations that may approach or exceed enforcement limits.

(2) Whenever an enforcement limit is established above background groundwater quality, an early(2) Whenever an enforcement limit is established above background groundwater quality, an early

warning value may be established, as appropriate.warning value may be established, as appropriate.

(3) An early warning value shall be required when an alternative point of compliance is(3) An early warning value shall be required when an alternative point of compliance is

established unless technical constraints would prohibit establishment of an early warning value.established unless technical constraints would prohibit establishment of an early warning value.

(4) An early warning value shall be established as a percentage of the enforcement limit upon(4) An early warning value shall be established as a percentage of the enforcement limit upon

consideration by the department of factors including, but not limited to, the following:consideration by the department of factors including, but not limited to, the following:

(a) The enforcement limit relative to background groundwater quality;(a) The enforcement limit relative to background groundwater quality;

(b) The availability, reliability, and reasonableness of analytical methods;(b) The availability, reliability, and reasonableness of analytical methods;

(c) The chemical, physical, and biological characteristics of the contaminants;(c) The chemical, physical, and biological characteristics of the contaminants;

(d) The reliability of all known, available, and reasonable methods of prevention, control, and(d) The reliability of all known, available, and reasonable methods of prevention, control, and

treatment;treatment;

(e) The anticipated increases in contaminant levels at the point of compliance; and(e) The anticipated increases in contaminant levels at the point of compliance; and

(f) The potential harm to existing and future beneficial uses.(f) The potential harm to existing and future beneficial uses.

(5) It shall not be considered a violation of these rules when contaminants are detected in(5) It shall not be considered a violation of these rules when contaminants are detected in

concentrations exceeding an early warning value, but not exceeding an enforcement limit, unlessconcentrations exceeding an early warning value, but not exceeding an enforcement limit, unless

there is failure to notify the department or respond as required in accordance with subsection (6) ofthere is failure to notify the department or respond as required in accordance with subsection (6) of

this section.this section.

(6) The following procedures apply when a contaminant is detected at a point of compliance or an(6) The following procedures apply when a contaminant is detected at a point of compliance or an

alternative point of compliance and an early warning value is attained or exceeded.alternative point of compliance and an early warning value is attained or exceeded.

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(a) The permit holder or responsible person shall notify the department, in writing, within ten(a) The permit holder or responsible person shall notify the department, in writing, within ten

calendar days from detection of the early warning value, that the early warning value has beencalendar days from detection of the early warning value, that the early warning value has been

attained or exceeded. The notification shall contain, at a minimum, the following information:attained or exceeded. The notification shall contain, at a minimum, the following information:

(i) The concentrations of contaminants that attained or exceeded early warning values;(i) The concentrations of contaminants that attained or exceeded early warning values;

(ii) Concentrations of other contaminants monitored;(ii) Concentrations of other contaminants monitored;

(iii) The location(s) and date(s) sampled; and(iii) The location(s) and date(s) sampled; and

(iv) Concentrations of contaminants determined during previous sampling events.(iv) Concentrations of contaminants determined during previous sampling events.

(b) When notification is received, the department may require the permit holder or responsible(b) When notification is received, the department may require the permit holder or responsible

person to perform one or more of the following:person to perform one or more of the following:

(i) Take no action.(i) Take no action.

(ii) Resample to verify results.(ii) Resample to verify results.

(iii) Increase monitoring or modify the monitoring plan or evaluation procedures.(iii) Increase monitoring or modify the monitoring plan or evaluation procedures.

(iv) Develop and implement a trend analysis to determine the likelihood of exceeding the(iv) Develop and implement a trend analysis to determine the likelihood of exceeding the

enforcement limit.enforcement limit.

(v) Prepare and submit a report documenting the changes in groundwater quality and discuss and(v) Prepare and submit a report documenting the changes in groundwater quality and discuss and

propose alternative methods of operation that will reduce impacts to groundwater.propose alternative methods of operation that will reduce impacts to groundwater.

(vi) Take such actions as the department deems necessary, if the department determines that(vi) Take such actions as the department deems necessary, if the department determines that

there is a likelihood of exceeding an enforcement limit at the point of compliance.there is a likelihood of exceeding an enforcement limit at the point of compliance.

[Statutory Authority: RCW [Statutory Authority: RCW 90.48.03590.48.035. WSR 90-22-023, § 173-200-070, filed 10/31/90, effective. WSR 90-22-023, § 173-200-070, filed 10/31/90, effective

12/1/90.]12/1/90.]

173-200-080173-200-080

Evaluation.Evaluation.

(1) The purpose of this section is to establish minimum requirements for evaluating the impacts of(1) The purpose of this section is to establish minimum requirements for evaluating the impacts of

an activity on the groundwater quality to determine compliance with this chapter.an activity on the groundwater quality to determine compliance with this chapter.

(2) If the department determines a potential to pollute the groundwater exists, the department(2) If the department determines a potential to pollute the groundwater exists, the department

shall request a permit holder or responsible person to prepare and submit for departmental approval ashall request a permit holder or responsible person to prepare and submit for departmental approval a

groundwater quality evaluation program for its activity. Each evaluation program shall be based ongroundwater quality evaluation program for its activity. Each evaluation program shall be based on

soil and hydrogeologic characteristics and be capable of assessing impacts on groundwater at thesoil and hydrogeologic characteristics and be capable of assessing impacts on groundwater at the

point of compliance.point of compliance.

(3) A groundwater evaluation program approved by the department may include, but not be(3) A groundwater evaluation program approved by the department may include, but not be

limited to, any of the following:limited to, any of the following:

(a) Groundwater monitoring for a specific activity;(a) Groundwater monitoring for a specific activity;

(b) Groundwater monitoring at selected sites for a group of activities;(b) Groundwater monitoring at selected sites for a group of activities;

(c) Monitoring of the vadose zone;(c) Monitoring of the vadose zone;

(d) Evaluation and monitoring of effluent quality;(d) Evaluation and monitoring of effluent quality;

(e) Evaluation within a treatment process;(e) Evaluation within a treatment process;

(f) Evaluation of management practices.(f) Evaluation of management practices.

(4) In the evaluation program the permit holder or responsible person shall include information on(4) In the evaluation program the permit holder or responsible person shall include information on

the following:the following:

(a) The chemical, physical, and biological characteristics of the contaminants;(a) The chemical, physical, and biological characteristics of the contaminants;

(b) The availability and adequacy of analytical methods;(b) The availability and adequacy of analytical methods;

(c) The complexity and capability of assessing the hydrogeologic system;(c) The complexity and capability of assessing the hydrogeologic system;

(d) The reliability of all known, available, and reasonable methods of prevention, control, and(d) The reliability of all known, available, and reasonable methods of prevention, control, and

treatment;treatment;

(e) The location of the point or points of compliance or alternative point of compliance; and(e) The location of the point or points of compliance or alternative point of compliance; and

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(f) Such other information that the department deems necessary to achieve the objectives of this(f) Such other information that the department deems necessary to achieve the objectives of this

chapter.chapter.

(5) When it is impractical to evaluate the impact of an activity at the designated point of(5) When it is impractical to evaluate the impact of an activity at the designated point of

compliance, for example when a criterion is less than the practical quantification limit, evaluation shallcompliance, for example when a criterion is less than the practical quantification limit, evaluation shall

be designed and performed at an alternate location to provide a realistic estimate of conditions in thebe designed and performed at an alternate location to provide a realistic estimate of conditions in the

groundwater at a point of compliance.groundwater at a point of compliance.

(6) These evaluation requirements pertain to activities that are not already covered by state(6) These evaluation requirements pertain to activities that are not already covered by state

regulation which have specific monitoring requirements such as chapter regulation which have specific monitoring requirements such as chapter 173-303173-303 WAC, Dangerous WAC, Dangerous

waste regulations, chapter waste regulations, chapter 173-304173-304 WAC, Minimum functional standards for solid waste handling, and WAC, Minimum functional standards for solid waste handling, and

chapter chapter 402-52402-52 WAC, Uranium and/or thorium mill operation and stabilization of mill tailing piles. WAC, Uranium and/or thorium mill operation and stabilization of mill tailing piles.

(7) For those activities for which the department has not issued permits and that have the(7) For those activities for which the department has not issued permits and that have the

potential to pollute the groundwater, evaluation shall be conducted according to the following:potential to pollute the groundwater, evaluation shall be conducted according to the following:

(a) Evaluation procedures shall be included in department guidelines, policies, and best(a) Evaluation procedures shall be included in department guidelines, policies, and best

management practices to ensure that an adequate determination of compliance with this chapter canmanagement practices to ensure that an adequate determination of compliance with this chapter can

be made;be made;

(b) For those activities regulated by other agencies but not regulated by department rule, the(b) For those activities regulated by other agencies but not regulated by department rule, the

department will pursue evaluation of the activity through a memorandum of understanding with thedepartment will pursue evaluation of the activity through a memorandum of understanding with the

regulating agency.regulating agency.

[Statutory Authority: RCW [Statutory Authority: RCW 90.48.03590.48.035. WSR 90-22-023, § 173-200-080, filed 10/31/90, effective. WSR 90-22-023, § 173-200-080, filed 10/31/90, effective

12/1/90.]12/1/90.]

173-200-090173-200-090

Special protection areas.Special protection areas.

(1) The purpose of a special protection area is to identify and designate groundwaters that require(1) The purpose of a special protection area is to identify and designate groundwaters that require

special consideration or increased protection because of one or more unique characteristics.special consideration or increased protection because of one or more unique characteristics.

(2) The unique characteristics of a special protection area shall be considered by the department(2) The unique characteristics of a special protection area shall be considered by the department

when regulating activities, developing regulations, guidelines, and policies, and when prioritizingwhen regulating activities, developing regulations, guidelines, and policies, and when prioritizing

department resources for groundwater quality protection programs.department resources for groundwater quality protection programs.

(3) The characteristics to guide designation of a special protection area shall include, but not be(3) The characteristics to guide designation of a special protection area shall include, but not be

limited to, the following:limited to, the following:

(a) Groundwaters that support a beneficial use or an ecological system requiring more stringent(a) Groundwaters that support a beneficial use or an ecological system requiring more stringent

criteria than drinking water standards;criteria than drinking water standards;

(b) Groundwaters, including, but not limited to, recharge areas and wellhead protection areas, that(b) Groundwaters, including, but not limited to, recharge areas and wellhead protection areas, that

are vulnerable to pollution because of hydrogeologic characteristics; andare vulnerable to pollution because of hydrogeologic characteristics; and

(c) Sole source aquifer status by federal designation.(c) Sole source aquifer status by federal designation.

(4) Special protection areas may be proposed for designation at any time by the department upon(4) Special protection areas may be proposed for designation at any time by the department upon

its own initiative or at the request of a federal agency, another state agency, an Indian tribe, or localits own initiative or at the request of a federal agency, another state agency, an Indian tribe, or local

government.government.

(a) The requestor of designation shall provide sufficient information for the department to(a) The requestor of designation shall provide sufficient information for the department to

determine if the proposed designation is in the best interest of the public. This information shalldetermine if the proposed designation is in the best interest of the public. This information shall

include, but not be limited to:include, but not be limited to:

(i) A rationale for the proposed designation;(i) A rationale for the proposed designation;

(ii) Supporting data for the proposed designation;(ii) Supporting data for the proposed designation;

(iii) A description of the proposed area including geographic and hydrologic boundaries;(iii) A description of the proposed area including geographic and hydrologic boundaries;

(iv) Documentation of coordination with affected state and local agencies, tribes, and water user(iv) Documentation of coordination with affected state and local agencies, tribes, and water user

groups; andgroups; and

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(v) Such other information as the department deems necessary.(v) Such other information as the department deems necessary.

(b) In coordination with the department, the initiator of the request for designation shall hold at(b) In coordination with the department, the initiator of the request for designation shall hold at

least one public meeting and take written comment for the purpose of receiving comments from theleast one public meeting and take written comment for the purpose of receiving comments from the

public, affected local, state and federal agencies, tribes, and other persons. Documentation of thepublic, affected local, state and federal agencies, tribes, and other persons. Documentation of the

public review process and comments received shall be submitted to the department.public review process and comments received shall be submitted to the department.

(c) The department shall review the request for designation, provide written notification to all(c) The department shall review the request for designation, provide written notification to all

affected local, state and federal governments, and tribes, and hold at least one public hearing withinaffected local, state and federal governments, and tribes, and hold at least one public hearing within

the county or counties containing the proposed special protection area.the county or counties containing the proposed special protection area.

(5) The department shall designate said groundwaters as a special protection area if the(5) The department shall designate said groundwaters as a special protection area if the

department determines:department determines:

(a) The special protection area contains one or more of the characteristics described in(a) The special protection area contains one or more of the characteristics described in

subsection (2) of this section; andsubsection (2) of this section; and

(b) Such a designation is in the public interest.(b) Such a designation is in the public interest.

[Statutory Authority: RCW [Statutory Authority: RCW 90.48.03590.48.035. WSR 90-22-023, § 173-200-090, filed 10/31/90, effective. WSR 90-22-023, § 173-200-090, filed 10/31/90, effective

12/1/90.]12/1/90.]

173-200-100173-200-100

Implementation and enforcement.Implementation and enforcement.

(1) The requirements of this chapter shall be met for all groundwaters to meet the requirements of(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.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.(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(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, otherdepartment including, but not limited to: Issuance of state waste discharge permits, other

departmental permits, regulatory orders, court actions, review and approval of plans anddepartmental permits, regulatory orders, court actions, review and approval of plans and

specifications, evaluation of compliance with all known, available, and reasonable methods ofspecifications, 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 ofprevention, control, and treatment of a waste prior to discharge, and pursuit of memoranda of

understanding between the department and other regulatory agencies.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(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.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(a) Any applicant for any departmental permit shall evaluate the potential impact of its proposed

activity on the groundwater quality.activity on the groundwater quality.

(b) For reissued permits, the permit holder shall evaluate the impacts of its activities on(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 enforcementgroundwater quality, and, if necessary to achieve compliance with groundwater quality enforcement

limits, determine a department approved schedule of compliance.limits, determine a department approved schedule of compliance.

(5) For permit holders in compliance with the terms and conditions of a department permit and(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 enforcementwhose activity violates this chapter, the department is electing, from among the enforcement

mechanisms available to it for the enforcement of WAC mechanisms available to it for the enforcement of WAC 173-200-040173-200-040 and and 173-200-050173-200-050, to precede, to precede

any civil or criminal penalty with a compliance order or permit modification.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(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 ofdevelop 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,prevention, control, and treatment to achieve compliance with this chapter. Departmental orders,

memoranda of understanding, and best management practices shall be modified by the departmentmemoranda 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 ofwhenever an activity authorized by such orders or BMPs or pursuant to such memoranda of

understanding violates this chapter.understanding violates this chapter.

(7) The department shall pursue memoranda of understanding with other state agencies, federal(7) The department shall pursue memoranda of understanding with other state agencies, federal

agencies, and tribal authorities to coordinate groundwater management activities.agencies, and tribal authorities to coordinate groundwater management activities.

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(8) For persons whose activity violates this chapter but is in compliance with best management(8) For persons whose activity violates this chapter but is in compliance with best management

practices adopted by rule in chapter practices adopted by rule in chapter 248-96248-96 WAC, WAC WAC, WAC 173-304-300173-304-300(4), RCW (4), RCW 15.58.15015.58.150 (2)(c), WAC (2)(c), WAC

16-228-18016-228-180(1), or (1), or 16-228-18516-228-185, the department is electing, from among the enforcement mechanisms, the department is electing, from among the enforcement mechanisms

available to it for the enforcement of WAC available to it for the enforcement of WAC 173-200-040173-200-040 and and 173-200-050173-200-050, to precede any civil or, to precede any civil or

criminal penalty with a compliance order.criminal penalty with a compliance order.

(9) When a distinction cannot be made among groundwater, surface water, or sediments the(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. Ifapplicable 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.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(10) The department shall give due consideration to the precision and accuracy of sampling and

analytical methods used when determining compliance with this chapter.analytical methods used when determining compliance with this chapter.

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

[Statutory Authority: RCW [Statutory Authority: RCW 90.48.03590.48.035. WSR 90-22-023, § 173-200-100, filed 10/31/90, effective. WSR 90-22-023, § 173-200-100, filed 10/31/90, effective

12/1/90.]12/1/90.]

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(1) Purpose and applicability. This section sets forth the requirements for any person responsible(1) Purpose and applicability. This section sets forth the requirements for any person responsible

for a spill or discharge of a dangerous waste or hazardous substance into the environment, exceptfor a spill or discharge of a dangerous waste or hazardous substance into the environment, except

when such release is otherwise permitted under state or federal law. For the purposes of complyingwhen such release is otherwise permitted under state or federal law. For the purposes of complying

with this section, a transporter who spills or discharges dangerous waste or hazardous substanceswith this section, a transporter who spills or discharges dangerous waste or hazardous substances

during transportation will be considered the responsible person. This section applies when anyduring transportation will be considered the responsible person. This section applies when any

dangerous waste or hazardous substance is intentionally or accidentally spilled or discharged into thedangerous waste or hazardous substance is intentionally or accidentally spilled or discharged into the

environment (unless otherwise permitted) such that human health or the environment is threatened,environment (unless otherwise permitted) such that human health or the environment is threatened,

regardless of the quantity of dangerous waste or hazardous substance.regardless of the quantity of dangerous waste or hazardous substance.

(2) Notification. Any person who is responsible for a spill or nonpermitted discharge must(2) Notification. Any person who is responsible for a spill or nonpermitted discharge must

immediately notify the individuals and authorities described for the following situations:immediately notify the individuals and authorities described for the following situations:

(a) For spills or discharges onto the ground or into groundwater or surface water, notify all local(a) For spills or discharges onto the ground or into groundwater or surface water, notify all local

authorities in accordance with the local emergency plan. If necessary, check with the local emergencyauthorities in accordance with the local emergency plan. If necessary, check with the local emergency

service coordinator and the fire department to determine all notification responsibilities under the localservice coordinator and the fire department to determine all notification responsibilities under the local

emergency plan. Also, notify the appropriate regional office of the department of ecology;emergency plan. Also, notify the appropriate regional office of the department of ecology;

(b) For spills or discharges which result in emissions to the air, notify all local authorities in(b) For spills or discharges which result in emissions to the air, notify all local authorities in

accordance with the local emergency plan. If necessary, check with the local emergency serviceaccordance with the local emergency plan. If necessary, check with the local emergency service

coordinator and the fire department to determine all notification responsibilities under the localcoordinator and the fire department to determine all notification responsibilities under the local

emergency plan. Also, in western Washington notify the local air pollution control authority; in easternemergency plan. Also, in western Washington notify the local air pollution control authority; in eastern

Washington notify the local air authority or the appropriate regional office of the department of ecologyWashington notify the local air authority or the appropriate regional office of the department of ecology

in those areas where there is no local authority.in those areas where there is no local authority.

(3) Mitigation and control. The person responsible for a spill or nonpermitted discharge must take(3) Mitigation and control. The person responsible for a spill or nonpermitted discharge must take

appropriate immediate action to protect human health and the environment (e.g., diking to preventappropriate immediate action to protect human health and the environment (e.g., diking to prevent

contamination of state waters, shutting of open valves).contamination of state waters, shutting of open valves).

(a) In addition, the person responsible for a spill or discharge must:(a) In addition, the person responsible for a spill or discharge must:

(i) Clean up all released dangerous wastes or hazardous substances, or take such actions as may(i) Clean up all released dangerous wastes or hazardous substances, or take such actions as may

be required or approved by federal, state, or local officials acting within the scope of their officialbe required or approved by federal, state, or local officials acting within the scope of their official

responsibilities. This may include complete or partial removal of released dangerous wastes orresponsibilities. This may include complete or partial removal of released dangerous wastes or

hazardous substances as may be justified by the nature of the released dangerous wastes orhazardous substances as may be justified by the nature of the released dangerous wastes or

hazardous substances, the human and environmental circumstances of the incident, and protectionhazardous substances, the human and environmental circumstances of the incident, and protection

required by the Water Pollution Control Act, chapter required by the Water Pollution Control Act, chapter 90.4890.48 RCW; RCW;

(ii) Designate and treat, store or dispose of all soils, waters, or other materials contaminated by(ii) Designate and treat, store or dispose of all soils, waters, or other materials contaminated by

the spill or discharge in accordance with this chapter the spill or discharge in accordance with this chapter 173-303173-303 WAC. The department may require WAC. The department may require

testing in order to determine the amount or extent of contaminated materials, and the appropriatetesting in order to determine the amount or extent of contaminated materials, and the appropriate

designation, treatment, storage, or disposal for any materials resulting from cleanup; anddesignation, treatment, storage, or disposal for any materials resulting from cleanup; and

(iii) If the property on which the spill or discharge occurred is not owned or controlled by the(iii) If the property on which the spill or discharge occurred is not owned or controlled by the

person responsible for the incident, restore the area impacted by the spill or discharge, and replenishperson responsible for the incident, restore the area impacted by the spill or discharge, and replenish

resources (e.g., fish, plants) in a manner acceptable to the department.resources (e.g., fish, plants) in a manner acceptable to the department.

(b)(i) Where immediate removal, temporary storage, or treatment of spilled or discharged(b)(i) Where immediate removal, temporary storage, or treatment of spilled or discharged

dangerous wastes or hazardous substances is necessary to protect human health or thedangerous wastes or hazardous substances is necessary to protect human health or the

environment, the department may direct persons to:environment, the department may direct persons to:

(A) Remove it without a manifest, by transporters who do not have EPA/state identification(A) Remove it without a manifest, by transporters who do not have EPA/state identification

numbers;numbers;

(B) Temporarily store it at sites that are protective of human health and the environment and are(B) Temporarily store it at sites that are protective of human health and the environment and are

secure from access by the public; and/orsecure from access by the public; and/or

(C) Treat it to reduce or control the hazards, under WAC (C) Treat it to reduce or control the hazards, under WAC 173-303-170173-303-170..

(ii) When the department seeks to direct persons who are not responsible for a spill or discharge(ii) When the department seeks to direct persons who are not responsible for a spill or discharge

WAC 173-303-145WAC 173-303-145

Spills and discharges into the environment.Spills and discharges into the environment.

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to carry out actions pursuant to this section, it will obtain their concurrence. It is the intent of theto carry out actions pursuant to this section, it will obtain their concurrence. It is the intent of the

department that persons who provide these services may be deemed "good samaritans" under thedepartment that persons who provide these services may be deemed "good samaritans" under the

provisions of chapter provisions of chapter 70.13670.136 RCW. RCW.

(4) Nothing in WAC 173-303-145 eliminates any obligations to comply with reporting requirements(4) Nothing in WAC 173-303-145 eliminates any obligations to comply with reporting requirements

which may exist in a permit or under other state or federal regulations.which may exist in a permit or under other state or federal regulations.

[Statutory Authority: Chapters [Statutory Authority: Chapters 70.10570.105 and and 70.105D70.105D RCW. WSR 09-14-105 (Order 07-12), § RCW. WSR 09-14-105 (Order 07-12), §

173-303-145, filed 6/30/09, effective 7/31/09; WSR 98-03-018 (Order 97-03), § 173-303-145, filed173-303-145, filed 6/30/09, effective 7/31/09; WSR 98-03-018 (Order 97-03), § 173-303-145, filed

1/12/98, effective 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-145, filed 10/19/95, effective1/12/98, effective 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-145, filed 10/19/95, effective

11/19/95; WSR 92-15-036 (Order 91-44), § 173-303-145, filed 7/8/92, effective 8/8/92. Statutory11/19/95; WSR 92-15-036 (Order 91-44), § 173-303-145, filed 7/8/92, effective 8/8/92. Statutory

Authority: Chapters Authority: Chapters 70.10570.105 and and 70.105D70.105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C. RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C.

3251). WSR 91-07-005 (Order 90-42), § 173-303-145, filed 3/7/91, effective 4/7/91. Statutory3251). WSR 91-07-005 (Order 90-42), § 173-303-145, filed 3/7/91, effective 4/7/91. Statutory

Authority: Chapter Authority: Chapter 70.10570.105 RCW. WSR 84-09-088 (Order DE 83-36), § 173-303-145, filed 4/18/84. RCW. WSR 84-09-088 (Order DE 83-36), § 173-303-145, filed 4/18/84.

Statutory Authority: Chapter Statutory Authority: Chapter 70.10570.105 RCW and RCW RCW and RCW 70.95.26070.95.260. WSR 82-05-023 (Order DE 81-33), §. WSR 82-05-023 (Order DE 81-33), §

173-303-145, filed 2/10/82.]173-303-145, filed 2/10/82.]

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(1) (1) General considerations.General considerations.

(a) Presumed exposure scenario soil cleanup levels shall be based on estimates of the(a) Presumed exposure scenario soil cleanup levels shall be based on estimates of the

reasonable maximum exposure expected to occur under both current and future site use conditions.reasonable maximum exposure expected to occur under both current and future site use conditions.

The department has determined that residential land use is generally the site use requiring the mostThe department has determined that residential land use is generally the site use requiring the most

protective cleanup levels and that exposure to hazardous substances under residential land useprotective cleanup levels and that exposure to hazardous substances under residential land use

conditions represents the reasonable maximum exposure scenario. Unless a site qualifies for use ofconditions represents the reasonable maximum exposure scenario. Unless a site qualifies for use of

an industrial soil cleanup level under WAC an industrial soil cleanup level under WAC 173-340-745173-340-745, soil cleanup levels shall use this presumed, soil cleanup levels shall use this presumed

exposure scenario and be established in accordance with this section.exposure scenario and be established in accordance with this section.

(b) In the event of a release of a hazardous substance to the soil at a site, a cleanup action(b) In the event of a release of a hazardous substance to the soil at a site, a cleanup action

complying with this chapter shall be conducted to address all areas where the concentration ofcomplying with this chapter shall be conducted to address all areas where the concentration of

hazardous substances in the soil exceeds cleanup levels at the relevant point of compliance.hazardous substances in the soil exceeds cleanup levels at the relevant point of compliance.

(c) The department may require more stringent soil cleanup standards than required by this(c) The department may require more stringent soil cleanup standards than required by this

section where, based on a site-specific evaluation, the department determines that this is necessarysection where, based on a site-specific evaluation, the department determines that this is necessary

to protect human health and the environment. Any imposition of more stringent requirements underto protect human health and the environment. Any imposition of more stringent requirements under

this provision shall comply with WAC this provision shall comply with WAC 173-340-702173-340-702 and and 173-340-708173-340-708. The following are examples of. The following are examples of

situations that may require more stringent cleanup levels.situations that may require more stringent cleanup levels.

(i) Concentrations that eliminate or substantially reduce the potential for food chain contamination;(i) Concentrations that eliminate or substantially reduce the potential for food chain contamination;

(ii) Concentrations that eliminate or substantially reduce the potential for damage to soils or biota(ii) Concentrations that eliminate or substantially reduce the potential for damage to soils or biota

in the soils which could impair the use of soils for agricultural or silvicultural purposes;in the soils which could impair the use of soils for agricultural or silvicultural purposes;

(iii) Concentrations necessary to address the potential health risk posed by dust at a site;(iii) Concentrations necessary to address the potential health risk posed by dust at a site;

(iv) Concentrations necessary to protect the groundwater at a particular site;(iv) Concentrations necessary to protect the groundwater at a particular site;

(v) Concentrations necessary to protect nearby surface waters from hazardous substances in(v) Concentrations necessary to protect nearby surface waters from hazardous substances in

runoff from the site; andrunoff from the site; and

(vi) Concentrations that eliminate or minimize the potential for the accumulation of vapors in(vi) Concentrations that eliminate or minimize the potential for the accumulation of vapors in

buildings or other structures.buildings or other structures.

(d) Relationship between soil cleanup levels and other cleanup standards. Soil cleanup levels(d) Relationship between soil cleanup levels and other cleanup standards. Soil cleanup levels

shall be established at concentrations that do not directly or indirectly cause violations ofshall be established at concentrations that do not directly or indirectly cause violations of

groundwater, surface water, sediment, or air cleanup standards established under this chapter orgroundwater, surface water, sediment, or air cleanup standards established under this chapter or

applicable state and federal laws. A property that qualifies for a Method C soil cleanup level underapplicable state and federal laws. A property that qualifies for a Method C soil cleanup level under

WAC WAC 173-340-745173-340-745 does not necessarily qualify for a Method C cleanup level in other media. Each does not necessarily qualify for a Method C cleanup level in other media. Each

medium must be evaluated separately using the criteria applicable to that medium.medium must be evaluated separately using the criteria applicable to that medium.

(2) (2) Method A soil cleanup levels for unrestricted land use.Method A soil cleanup levels for unrestricted land use.

(a) (a) Applicability.Applicability. Method A soil cleanup levels may only be used at sites qualifying under WAC Method A soil cleanup levels may only be used at sites qualifying under WAC

173-340-704173-340-704(1).(1).

(b) (b) General requirements.General requirements. Method A soil cleanup levels shall be at least as stringent as all of the Method A soil cleanup levels shall be at least as stringent as all of the

following:following:

(i) Concentrations in Table 740-1 and compliance with the corresponding footnotes;(i) Concentrations in Table 740-1 and compliance with the corresponding footnotes;

(ii) Concentrations established under applicable state and federal laws;(ii) Concentrations established under applicable state and federal laws;

(iii) Concentrations that result in no significant adverse effects on the protection and propagation(iii) Concentrations that result in no significant adverse effects on the protection and propagation

of terrestrial ecological receptors using the procedures specified in WAC of terrestrial ecological receptors using the procedures specified in WAC 173-340-7490173-340-7490 through through

173-340-7493173-340-7493, unless it is demonstrated under those sections that establishing a soil concentration is, unless it is demonstrated under those sections that establishing a soil concentration is

unnecessary; andunnecessary; and

(iv) For a hazardous substance that is deemed an indicator hazardous substance under WAC(iv) For a hazardous substance that is deemed an indicator hazardous substance under WAC

173-340-708173-340-708(2) and for which there is no value in Table 740-1 or applicable state and federal laws, a(2) and for which there is no value in Table 740-1 or applicable state and federal laws, a

concentration that does not exceed the natural background concentration or the practicalconcentration that does not exceed the natural background concentration or the practical

quantification limit, subject to the limitations in this chapter.quantification limit, subject to the limitations in this chapter.

WAC 173-340-740WAC 173-340-740

Unrestricted land use soil cleanup standards.Unrestricted land use soil cleanup standards.

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(3) (3) Method B soil cleanup levels for unrestricted land use.Method B soil cleanup levels for unrestricted land use.

(a) (a) Applicability.Applicability. Method B soil cleanup levels consist of standard and modified cleanup levels Method B soil cleanup levels consist of standard and modified cleanup levels

determined using the procedures in this subsection. Either standard or modified Method B soildetermined using the procedures in this subsection. Either standard or modified Method B soil

cleanup levels may be used at any site.cleanup levels may be used at any site.

(b) (b) Standard Method B soil cleanup levels.Standard Method B soil cleanup levels. Standard Method B cleanup levels for soils shall be Standard Method B cleanup levels for soils shall be

at least as stringent as all of the following:at least as stringent as all of the following:

(i) (i) Applicable state and federal laws.Applicable state and federal laws. Concentrations established under applicable state and Concentrations established under applicable state and

federal laws;federal laws;

(ii) (ii) Environmental protection.Environmental protection. Concentrations that result in no significant adverse effects on the Concentrations that result in no significant adverse effects on the

protection and propagation of terrestrial ecological receptors established using the proceduresprotection and propagation of terrestrial ecological receptors established using the procedures

specified in WAC specified in WAC 173-340-7490173-340-7490 through through 173-340-7494173-340-7494 unless it is demonstrated under those unless it is demonstrated under those

sections that establishing a soil concentration is unnecessary.sections that establishing a soil concentration is unnecessary.

(iii) (iii) Human health protection.Human health protection. For hazardous substances for which sufficiently protective, For hazardous substances for which sufficiently protective,

health-based criteria or standards have not been established under applicable state and federal laws,health-based criteria or standards have not been established under applicable state and federal laws,

those concentrations that protect human health as determined by evaluating the following exposurethose concentrations that protect human health as determined by evaluating the following exposure

pathways:pathways:

(A) (A) Groundwater protection.Groundwater protection. Concentrations that will not cause contamination of groundwater at Concentrations that will not cause contamination of groundwater at

levels which exceed groundwater cleanup levels established under WAC levels which exceed groundwater cleanup levels established under WAC 173-340-720173-340-720 as determined as determined

using the methods described in WAC using the methods described in WAC 173-340-747173-340-747..

(B) (B) Soil direct contact.Soil direct contact. Concentrations that, due to direct contact with contaminated soil, are Concentrations that, due to direct contact with contaminated soil, are

estimated to result in no acute or chronic noncarcinogenic toxic effects on human health using aestimated to result in no acute or chronic noncarcinogenic toxic effects on human health using a

hazard quotient of one (1) and concentrations for which the upper bound on the estimated excesshazard quotient of one (1) and concentrations for which the upper bound on the estimated excess

cancer risk is less than or equal to one in one million (1 x 10cancer risk is less than or equal to one in one million (1 x 10 ). Equations 740-1 and 740-2 and the). Equations 740-1 and 740-2 and the

associated default assumptions shall be used to calculate the concentration for direct contact withassociated default assumptions shall be used to calculate the concentration for direct contact with

contaminated soil.contaminated soil.

(I) (I) Noncarcinogens.Noncarcinogens. For noncarcinogenic toxic effects of hazardous substances due to soil For noncarcinogenic toxic effects of hazardous substances due to soil

ingestion, concentrations shall be determined using Equation 740-1. For petroleum mixtures andingestion, concentrations shall be determined using Equation 740-1. For petroleum mixtures and

components of such mixtures, see (b)(iii)(B)(III) of this subsection.components of such mixtures, see (b)(iii)(B)(III) of this subsection.

[Equation 740-1][Equation 740-1]

Soil CleanupSoil Cleanup

LevelLevel

(mg/kg)(mg/kg)

==

RfD x ABW x UCF x HQ x ATRfD x ABW x UCF x HQ x AT

SIR x AB1 x EF x EDSIR x AB1 x EF x ED

Where:Where:

RfDRfD == Reference dose as defined inReference dose as defined in

WAC WAC 173-340-708173-340-708 (7) (mg/kg-day)(7) (mg/kg-day)

ABWABW == Average body weight over theAverage body weight over the

exposure duration (16 kg)exposure duration (16 kg)

UCFUCF == Unit conversion factor (1,000,000Unit conversion factor (1,000,000

mg/kg)mg/kg)

SIRSIR == Soil ingestion rate (200 mg/day)Soil ingestion rate (200 mg/day)

AB1AB1 == Gastrointestinal absorption fractionGastrointestinal absorption fraction

(1.0) (unitless)(1.0) (unitless)

EFEF == Exposure frequency (1.0) (unitless)Exposure frequency (1.0) (unitless)

HQHQ == Hazard quotient (1) (unitless)Hazard quotient (1) (unitless)

ATAT == Averaging time (6 years)Averaging time (6 years)

EDED == Exposure duration (6 years)Exposure duration (6 years)

-6-6

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(II) (II) Carcinogens.Carcinogens. For carcinogenic effects of hazardous substances due to soil ingestion, For carcinogenic effects of hazardous substances due to soil ingestion,

concentrations shall be determined using Equation 740-2. For petroleum mixtures and components ofconcentrations shall be determined using Equation 740-2. For petroleum mixtures and components of

such mixtures, see (b)(iii)(B)(III) of this subsection.such mixtures, see (b)(iii)(B)(III) of this subsection.

[Equation 740-2][Equation 740-2]

Soil CleanupSoil Cleanup

LevelLevel

(mg/kg)(mg/kg)

==

RISK x ABW x AT x UCFRISK x ABW x AT x UCF

CPF x SIR x AB1 x ED x EFCPF x SIR x AB1 x ED x EF

Where:Where:

RISKRISK == Acceptable cancer risk level (1 inAcceptable cancer risk level (1 in

1,000,000) (unitless)1,000,000) (unitless)

ABWABW == Average body weight over theAverage body weight over the

exposure duration (16 kg)exposure duration (16 kg)

ATAT == Averaging time (75 years)Averaging time (75 years)

UCFUCF == Unit conversion factor (1,000,000Unit conversion factor (1,000,000

mg/kg)mg/kg)

CPFCPF == Carcinogenic potency factor asCarcinogenic potency factor as

defined indefined in

WAC WAC 173-340-708173-340-708 (8)(8)

(kg-day/mg)(kg-day/mg)

SIRSIR == Soil ingestion rate (200 mg/day)Soil ingestion rate (200 mg/day)

AB1AB1 == Gastrointestinal absorption fractionGastrointestinal absorption fraction

(1.0) (unitless).(1.0) (unitless).

May use 0.6 for mixtures of dioxinsMay use 0.6 for mixtures of dioxins

and/or furansand/or furans

EDED == Exposure duration (6 years)Exposure duration (6 years)

EFEF == Exposure frequency (1.0) (unitless)Exposure frequency (1.0) (unitless)

(III) (III) Petroleum mixtures.Petroleum mixtures. For noncarcinogenic effects of petroleum mixtures, a total petroleum For noncarcinogenic effects of petroleum mixtures, a total petroleum

hydrocarbon cleanup level shall be calculated taking into account the additive effects of the petroleumhydrocarbon cleanup level shall be calculated taking into account the additive effects of the petroleum

fractions and volatile organic compounds substances present in the petroleum mixture. Equationfractions and volatile organic compounds substances present in the petroleum mixture. Equation

740-3 shall be used for this calculation. This equation takes into account concurrent exposure due to740-3 shall be used for this calculation. This equation takes into account concurrent exposure due to

ingestion and dermal contact with petroleum contaminated soils. Cleanup levels for otheringestion and dermal contact with petroleum contaminated soils. Cleanup levels for other

noncarcinogens and known or suspected carcinogens within the petroleum mixture shall benoncarcinogens and known or suspected carcinogens within the petroleum mixture shall be

calculated using Equations 740-4 and 740-5. See Table 830-1 for the analyses required for variouscalculated using Equations 740-4 and 740-5. See Table 830-1 for the analyses required for various

petroleum products to use this method.petroleum products to use this method.

[Equation 740-3][Equation 740-3]

Where:Where:

CC == TPH soil cleanup level (mg/kg)TPH soil cleanup level (mg/kg)

HIHI == Hazard index (1) (unitless)Hazard index (1) (unitless)

soilsoil

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ABWABW == Average body weight over theAverage body weight over the

exposure duration (16 kg)exposure duration (16 kg)

ATAT == Averaging time (6 years)Averaging time (6 years)

EFEF == Exposure frequency (1.0)Exposure frequency (1.0)

(unitless)(unitless)

EDED == Exposure duration (6 years)Exposure duration (6 years)

SIRSIR == Soil ingestion rate (200 mg/day)Soil ingestion rate (200 mg/day)

AB1AB1 == Gastrointestinal absorptionGastrointestinal absorption

fraction (1.0) (unitless)fraction (1.0) (unitless)

F(i)F(i) == Fraction (by weight) of petroleumFraction (by weight) of petroleum

component (i) (unitless)component (i) (unitless)

SASA == Dermal surface area (2,200 cmDermal surface area (2,200 cm ))

AFAF == Adherence factor (0.2Adherence factor (0.2

mg/cmmg/cm -day)-day)

ABSABS == Dermal absorption fraction forDermal absorption fraction for

petroleum component (i)petroleum component (i)

(unitless). May use chemical-(unitless). May use chemical-

specific values or the followingspecific values or the following

defaults:defaults:

•• 0.0005 for volatile petroleum0.0005 for volatile petroleum

components with vapor presscomponents with vapor press

˃ = benzene˃ = benzene

•• 0.03 for volatile petroleum0.03 for volatile petroleum

components with vapor press <components with vapor press <

benzenebenzene

•• 0.1 for other petroleum0.1 for other petroleum

componentscomponents

RfDo(i)RfDo(i) == Oral reference dose of petroleumOral reference dose of petroleum

component (i) as defined in WACcomponent (i) as defined in WAC

173-340-708173-340-708 (7) (mg/kg-day)(7) (mg/kg-day)

RfDd(i)RfDd(i) == Dermal reference dose forDermal reference dose for

petroleum component (i)petroleum component (i)

(mg/kg-day) derived by RfDo x(mg/kg-day) derived by RfDo x

GIGI

GIGI == Gastrointestinal absorptionGastrointestinal absorption

conversion factor (unitless). Mayconversion factor (unitless). May

use chemical-specific values oruse chemical-specific values or

the following defaults:the following defaults:

•• 0.8 for volatile petroleum0.8 for volatile petroleum

componentscomponents

•• 0.5 for other petroleum0.5 for other petroleum

componentscomponents

nn == The number of petroleumThe number of petroleum

components (petroleum fractionscomponents (petroleum fractions

plus volatile organic compoundsplus volatile organic compounds

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with an RfD) present in thewith an RfD) present in the

petroleum mixture. (See Tablepetroleum mixture. (See Table

830-1.)830-1.)

(C) (C) Soil vapors.Soil vapors. The soil to vapor pathway shall be evaluated for volatile organic compounds The soil to vapor pathway shall be evaluated for volatile organic compounds

whenever any of the following conditions exist:whenever any of the following conditions exist:

(I) For gasoline range organics, whenever the total petroleum hydrocarbon (TPH) concentration is(I) For gasoline range organics, whenever the total petroleum hydrocarbon (TPH) concentration is

significantly higher than a concentration derived for protection of groundwater for drinking watersignificantly higher than a concentration derived for protection of groundwater for drinking water

beneficial use under WAC beneficial use under WAC 173-340-747173-340-747(6) using the default assumptions;(6) using the default assumptions;

(II) For diesel range organics, whenever the total petroleum hydrocarbon (TPH) concentration is(II) For diesel range organics, whenever the total petroleum hydrocarbon (TPH) concentration is

greater than 10,000 mg/kg;greater than 10,000 mg/kg;

(III) For other volatile organic compounds, including petroleum components, whenever the(III) For other volatile organic compounds, including petroleum components, whenever the

concentration is significantly higher than a concentration derived for protection of groundwater forconcentration is significantly higher than a concentration derived for protection of groundwater for

drinking water beneficial use under WAC drinking water beneficial use under WAC 173-340-747173-340-747(4).(4).

See subsection (3)(c)(iv)(B) of this section for methods that may be used to evaluate the soil toSee subsection (3)(c)(iv)(B) of this section for methods that may be used to evaluate the soil to

vapor pathway.vapor pathway.

(c) (c) Modified Method B soil cleanup levels.Modified Method B soil cleanup levels.

(i) (i) General.General. Modified Method B soil cleanup levels are standard Method B soil cleanup levels, Modified Method B soil cleanup levels are standard Method B soil cleanup levels,

modified with chemical-specific or site-specific data. When making these modifications, the resultantmodified with chemical-specific or site-specific data. When making these modifications, the resultant

cleanup levels shall meet applicable state and federal laws, meet health risk levels for standardcleanup levels shall meet applicable state and federal laws, meet health risk levels for standard

Method B soil cleanup levels, and be demonstrated to be environmentally protective using theMethod B soil cleanup levels, and be demonstrated to be environmentally protective using the

procedures specified in WAC procedures specified in WAC 173-340-7490173-340-7490 through through 173-340-7494173-340-7494. Changes to exposure. Changes to exposure

assumptions must comply with WAC assumptions must comply with WAC 173-340-708173-340-708(10).(10).

(ii) (ii) Allowable modifications.Allowable modifications. The following modifications can be made to the default The following modifications can be made to the default

assumptions in the standard Method B equations to derive modified Method B soil cleanup levels:assumptions in the standard Method B equations to derive modified Method B soil cleanup levels:

(A) For the protection of groundwater, see WAC (A) For the protection of groundwater, see WAC 173-340-747173-340-747;;

(B) For soil ingestion, the gastrointestinal absorption fraction, may be modified if the requirements(B) For soil ingestion, the gastrointestinal absorption fraction, may be modified if the requirements

of WAC of WAC 173-340-702173-340-702 (14), (15), (16), and (14), (15), (16), and 173-340-708173-340-708(10) are met;(10) are met;

(C) For dermal contact, the adherence factor, dermal absorption fraction and gastrointestinal(C) For dermal contact, the adherence factor, dermal absorption fraction and gastrointestinal

absorption conversion factor may be modified if the requirements of WAC absorption conversion factor may be modified if the requirements of WAC 173-340-702173-340-702 (14), (15), (14), (15),

(16), and (16), and 173-340-708173-340-708(10) are met;(10) are met;

(D) The toxicity equivalent factors provided in WAC (D) The toxicity equivalent factors provided in WAC 173-340-708173-340-708 (8)(d), (e), and (f), may be (8)(d), (e), and (f), may be

modified if the requirements of WAC modified if the requirements of WAC 173-340-708173-340-708 (8)(g) and (h) are met; (8)(g) and (h) are met;

(E) The reference dose and cancer potency factor may be modified if the requirements in WAC(E) The reference dose and cancer potency factor may be modified if the requirements in WAC

173-340-708173-340-708 (7) and (8) are met; and (7) and (8) are met; and

(F) Other modifications incorporating new science as provided for in WAC (F) Other modifications incorporating new science as provided for in WAC 173-340-702173-340-702 (14), (15) (14), (15)

and (16).and (16).

(iii) (iii) Dermal contact.Dermal contact. For hazardous substances other than petroleum mixtures, dermal contact For hazardous substances other than petroleum mixtures, dermal contact

with the soil shall be evaluated whenever the proposed changes to Equations 740-1 or 740-2 wouldwith the soil shall be evaluated whenever the proposed changes to Equations 740-1 or 740-2 would

result in a significantly higher soil cleanup level than would be calculated without the proposedresult in a significantly higher soil cleanup level than would be calculated without the proposed

changes. When conducting this evaluation, the following equations and default assumptions shall bechanges. When conducting this evaluation, the following equations and default assumptions shall be

used.used.

(A) For noncarcinogens use Equation 740-4. This equation takes into account concurrent(A) For noncarcinogens use Equation 740-4. This equation takes into account concurrent

exposure due to ingestion and dermal contact with soil.exposure due to ingestion and dermal contact with soil.

[Equation 740-4][Equation 740-4]

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Where:Where:

CC == Soil cleanup level (mg/kg)Soil cleanup level (mg/kg)

HQHQ == Hazard quotient (unitless)Hazard quotient (unitless)

ABWABW == Average body weight over theAverage body weight over the

exposure duration (16 kg)exposure duration (16 kg)

ATAT == Averaging time (6 years)Averaging time (6 years)

EFEF == Exposure frequency (1.0) (unitless)Exposure frequency (1.0) (unitless)

EDED == Exposure duration (6 years)Exposure duration (6 years)

SIRSIR == Soil ingestion rate (200 mg/day)Soil ingestion rate (200 mg/day)

AB1AB1 == Gastrointestinal absorption fractionGastrointestinal absorption fraction

(1.0) (unitless)(1.0) (unitless)

SASA == Dermal surface area (2,200 cmDermal surface area (2,200 cm ))

AFAF == Adherence factor (0.2 mg/cmAdherence factor (0.2 mg/cm -day)-day)

ABSABS == Dermal absorption fractionDermal absorption fraction

(unitless).(unitless).

May use chemical-specific valuesMay use chemical-specific values

or the following defaults:or the following defaults:

•• 0.01 for inorganic hazardous0.01 for inorganic hazardous

substancessubstances

•• 0.0005 for volatile organic0.0005 for volatile organic

compounds with vapor press ˃ = compounds with vapor press ˃ =

benzenebenzene

•• 0.03 for volatile organic compounds0.03 for volatile organic compounds

with vapor press < benzenewith vapor press < benzene

•• 0.1 for other organic hazardous0.1 for other organic hazardous

substancessubstances

RfDoRfDo == Oral reference dose as defined inOral reference dose as defined in

WAC WAC 173-340-708173-340-708 (7) (mg/kg-day)(7) (mg/kg-day)

RfDdRfDd == Dermal reference dose (mg/kg-day)Dermal reference dose (mg/kg-day)

derived by RfDo x GIderived by RfDo x GI

GIGI == Gastrointestinal absorptionGastrointestinal absorption

conversion factor (unitless).conversion factor (unitless).

May use chemical specific values orMay use chemical specific values or

the following defaults:the following defaults:

•• 0.2 for inorganic hazardous0.2 for inorganic hazardous

substancessubstances

•• 0.8 for volatile organic compounds0.8 for volatile organic compounds

•• 0.5 for other organic hazardous0.5 for other organic hazardous

substancessubstances

(B) For carcinogens use Equation 740-5. This equation takes into account concurrent exposure(B) For carcinogens use Equation 740-5. This equation takes into account concurrent exposure

due to ingestion and dermal contact with soil.due to ingestion and dermal contact with soil.

soilsoil

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[Equation 740-5][Equation 740-5]

Where:Where:

CC == Soil cleanup level (mg/kg)Soil cleanup level (mg/kg)

RISKRISK == Acceptable cancer risk (1 inAcceptable cancer risk (1 in

1,000,000) (unitless)1,000,000) (unitless)

ABWABW == Average body weight over theAverage body weight over the

exposure duration (16 kg)exposure duration (16 kg)

ATAT == Averaging time (75 years)Averaging time (75 years)

EFEF == Exposure frequency (1.0)Exposure frequency (1.0)

(unitless)(unitless)

EDED == Exposure duration (6 years)Exposure duration (6 years)

SIRSIR == Soil ingestion rate (200 mg/day)Soil ingestion rate (200 mg/day)

AB1AB1 == Gastrointestinal absorptionGastrointestinal absorption

fraction (1.0) (unitless).fraction (1.0) (unitless).

May use 0.6 for mixtures ofMay use 0.6 for mixtures of

dioxins and/or furansdioxins and/or furans

CPFoCPFo == Oral cancer potency factor asOral cancer potency factor as

defined in WAC defined in WAC 173-340-708173-340-708 (8)(8)

(kg-day/mg)(kg-day/mg)

CPFdCPFd == Dermal cancer potency factorDermal cancer potency factor

(kg-day/mg) derived by CPFo/GI(kg-day/mg) derived by CPFo/GI

GIGI == Gastrointestinal absorptionGastrointestinal absorption

conversion factor (unitless).conversion factor (unitless).

May use chemical-specific valuesMay use chemical-specific values

or the following defaults:or the following defaults:

•• 0.2 for inorganic hazardous0.2 for inorganic hazardous

substancessubstances

•• 0.8 for volatile organic compounds0.8 for volatile organic compounds

and for mixtures of dioxins and/orand for mixtures of dioxins and/or

furansfurans

•• 0.5 for other organic hazardous0.5 for other organic hazardous

substancessubstances

SASA == Dermal surface area (2,200 cmDermal surface area (2,200 cm ))

AFAF == Adherence factor (0.2Adherence factor (0.2

mg/cmmg/cm -day)-day)

ABSABS == Dermal absorption fractionDermal absorption fraction

(unitless). May use chemical-(unitless). May use chemical-

specific values or the followingspecific values or the following

soilsoil

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defaults:defaults:

•• 0.01 for inorganic hazardous0.01 for inorganic hazardous

substancessubstances

•• 0.0005 for volatile organic0.0005 for volatile organic

compounds with vapor presscompounds with vapor press

˃ = benzene˃ = benzene

•• 0.03 for volatile organic0.03 for volatile organic

compounds with vapor press <compounds with vapor press <

benzene and for mixtures ofbenzene and for mixtures of

dioxins and/or furansdioxins and/or furans

•• 0.1 for other organic hazardous0.1 for other organic hazardous

substancessubstances

(C) Modifications may be made to Equations 740-4 and 740-5 as provided for in subsection(C) Modifications may be made to Equations 740-4 and 740-5 as provided for in subsection

(3)(c)(ii) of this section.(3)(c)(ii) of this section.

(iv) (iv) Soil vapors.Soil vapors.

(A) (A) Applicability.Applicability. The soil to vapor pathway shall be evaluated for volatile organic compounds The soil to vapor pathway shall be evaluated for volatile organic compounds

whenever any of the following conditions exist:whenever any of the following conditions exist:

(I) For other than petroleum hydrocarbon mixtures, the proposed changes to the standard Method(I) For other than petroleum hydrocarbon mixtures, the proposed changes to the standard Method

B equations (Equations 740-1 and 740-2) or default values would result in a significantly higher soilB equations (Equations 740-1 and 740-2) or default values would result in a significantly higher soil

cleanup level than would be calculated without the proposed changes;cleanup level than would be calculated without the proposed changes;

(II) For petroleum hydrocarbon mixtures, the proposed changes to the standard Method B(II) For petroleum hydrocarbon mixtures, the proposed changes to the standard Method B

equations (Equations 740-3, 740-4 and 740-5) or default values would result in a significantly higherequations (Equations 740-3, 740-4 and 740-5) or default values would result in a significantly higher

soil cleanup level than would be calculated without the proposed changes;soil cleanup level than would be calculated without the proposed changes;

(III) For gasoline range organics, whenever the total petroleum hydrocarbon (TPH) concentration(III) For gasoline range organics, whenever the total petroleum hydrocarbon (TPH) concentration

is significantly higher than a concentration derived for protection of groundwater for drinking wateris significantly higher than a concentration derived for protection of groundwater for drinking water

beneficial use under WAC beneficial use under WAC 173-340-747173-340-747(6) using the default assumptions;(6) using the default assumptions;

(IV) For diesel range organics, whenever the total petroleum hydrocarbon (TPH) concentration is(IV) For diesel range organics, whenever the total petroleum hydrocarbon (TPH) concentration is

greater than 10,000 mg/kg;greater than 10,000 mg/kg;

(V) For other volatile organic compounds, including petroleum components, whenever the(V) For other volatile organic compounds, including petroleum components, whenever the

concentration is significantly higher than a concentration derived for protection of groundwater forconcentration is significantly higher than a concentration derived for protection of groundwater for

drinking water beneficial use under WAC drinking water beneficial use under WAC 173-340-747173-340-747(4).(4).

(B) (B) Evaluation methods.Evaluation methods. Soil cleanup levels that are protective of the indoor and ambient air Soil cleanup levels that are protective of the indoor and ambient air

shall be determined on a site-specific basis. Soil cleanup levels may be evaluated as being protectiveshall be determined on a site-specific basis. Soil cleanup levels may be evaluated as being protective

of air pathways using any of the following methods:of air pathways using any of the following methods:

(I) Measurements of the soil vapor concentrations, using methods approved by the department,(I) Measurements of the soil vapor concentrations, using methods approved by the department,

demonstrating vapors in the soil would not exceed air cleanup levels established under WACdemonstrating vapors in the soil would not exceed air cleanup levels established under WAC

173-340-750173-340-750..

(II) Measurements of ambient air concentrations and/or indoor air vapor concentrations(II) Measurements of ambient air concentrations and/or indoor air vapor concentrations

throughout buildings, using methods approved by the department, demonstrating air does not exceedthroughout buildings, using methods approved by the department, demonstrating air does not exceed

cleanup levels established under WAC cleanup levels established under WAC 173-340-750173-340-750. Such measurements must be representative of. Such measurements must be representative of

current and future site conditions when vapors are likely to enter and accumulate in structures.current and future site conditions when vapors are likely to enter and accumulate in structures.

Measurement of ambient air may be excluded if it can be shown that indoor air is the most protectiveMeasurement of ambient air may be excluded if it can be shown that indoor air is the most protective

point of exposure.point of exposure.

(III) Use of modeling methods approved by the department to demonstrate the air cleanup(III) Use of modeling methods approved by the department to demonstrate the air cleanup

standards established under WAC standards established under WAC 173-340-750173-340-750 will not be exceeded. When this method is used, the will not be exceeded. When this method is used, the

department may require soil vapor and/or air monitoring to be conducted to verify the calculations anddepartment may require soil vapor and/or air monitoring to be conducted to verify the calculations and

compliance with air cleanup standards.compliance with air cleanup standards.

(IV) Other methods as approved by the department demonstrating the air cleanup standards(IV) Other methods as approved by the department demonstrating the air cleanup standards

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established under WAC established under WAC 173-340-750173-340-750 will not be exceeded. will not be exceeded.

(d) (d) Using modified Method B to evaluate soil remediation levels.Using modified Method B to evaluate soil remediation levels. In addition to the In addition to the

adjustments allowed under subsection (3)(c) of this section, adjustments to the reasonable maximumadjustments allowed under subsection (3)(c) of this section, adjustments to the reasonable maximum

exposure scenario or default exposure assumptions are allowed when using a quantitativeexposure scenario or default exposure assumptions are allowed when using a quantitative

site-specific risk assessment to evaluate the protectiveness of a remedy. See WAC site-specific risk assessment to evaluate the protectiveness of a remedy. See WAC 173-340-355173-340-355,,

173-340-357173-340-357, and , and 173-340-708173-340-708 (3)(d) and (10)(b). (3)(d) and (10)(b).

(4) (4) Method C soil cleanup levels.Method C soil cleanup levels. This section does not provide procedures for establishing This section does not provide procedures for establishing

Method C soil cleanup levels. Except for qualifying industrial properties, Method A and Method B, asMethod C soil cleanup levels. Except for qualifying industrial properties, Method A and Method B, as

described in this section, are the only methods available for establishing soil cleanup levels at sites.described in this section, are the only methods available for establishing soil cleanup levels at sites.

See WAC See WAC 173-340-745173-340-745 for use of Method C soil cleanup levels at qualifying industrial properties. See for use of Method C soil cleanup levels at qualifying industrial properties. See

also WAC also WAC 173-340-357173-340-357 and and 173-340-708173-340-708 (3)(d) for how land use may be considered when selecting (3)(d) for how land use may be considered when selecting

a cleanup action at a site.a cleanup action at a site.

(5) (5) Adjustments to cleanup levels.Adjustments to cleanup levels.

(a) (a) Total site risk adjustments.Total site risk adjustments. Soil cleanup levels for individual hazardous substances Soil cleanup levels for individual hazardous substances

developed in accordance with subsection (3) of this section, including cleanup levels based ondeveloped in accordance with subsection (3) of this section, including cleanup levels based on

applicable state and federal laws, shall be adjusted downward to take into account exposure toapplicable state and federal laws, shall be adjusted downward to take into account exposure to

multiple hazardous substances and/or exposure resulting from more than one pathway of exposure.multiple hazardous substances and/or exposure resulting from more than one pathway of exposure.

These adjustments need to be made only if, without these adjustments, the hazard index wouldThese adjustments need to be made only if, without these adjustments, the hazard index would

exceed one (1) or the total excess cancer risk would exceed one in one hundred thousand (1 x 10exceed one (1) or the total excess cancer risk would exceed one in one hundred thousand (1 x 10 ).).

These adjustments shall be made in accordance with the procedures specified in WAC These adjustments shall be made in accordance with the procedures specified in WAC 173-340-708173-340-708

(5) and (6). In making these adjustments, the hazard index shall not exceed one (1) and the total(5) and (6). In making these adjustments, the hazard index shall not exceed one (1) and the total

excess cancer risk shall not exceed one in one hundred thousand (1 x 10excess cancer risk shall not exceed one in one hundred thousand (1 x 10 ).).

(b) (b) Adjustments to applicable state and federal laws.Adjustments to applicable state and federal laws. Where a cleanup level developed under Where a cleanup level developed under

subsection (2) or (3) of this section is based on an applicable state or federal law and the level of risksubsection (2) or (3) of this section is based on an applicable state or federal law and the level of risk

upon which the standard is based exceeds an excess cancer risk of one in one hundred thousandupon which the standard is based exceeds an excess cancer risk of one in one hundred thousand

(1 x 10(1 x 10 ) or a hazard index of one (1), the cleanup level must be adjusted downward so that the total) or a hazard index of one (1), the cleanup level must be adjusted downward so that the total

excess cancer risk does not exceed one in one hundred thousand (1 x 10excess cancer risk does not exceed one in one hundred thousand (1 x 10 ) and the hazard index) and the hazard index

does not exceed one (1) at the site.does not exceed one (1) at the site.

(c) (c) Natural background and PQL considerations.Natural background and PQL considerations. Cleanup levels determined under subsection Cleanup levels determined under subsection

(2) or (3) of this section, including cleanup levels adjusted under subsection (5)(a) and (b) of this(2) or (3) of this section, including cleanup levels adjusted under subsection (5)(a) and (b) of this

section, shall not be set at levels below the practical quantitation limit or natural background,section, shall not be set at levels below the practical quantitation limit or natural background,

whichever is higher. See WAC whichever is higher. See WAC 173-340-707173-340-707 and and 173-340-709173-340-709 for additional requirements pertaining for additional requirements pertaining

to practical quantitation limits and natural background.to practical quantitation limits and natural background.

(6) (6) Point of compliance.Point of compliance.

(a) The point of compliance is the point or points where the soil cleanup levels established under(a) The point of compliance is the point or points where the soil cleanup levels established under

subsection (2) or (3) of this section shall be attained.subsection (2) or (3) of this section shall be attained.

(b) For soil cleanup levels based on the protection of groundwater, the point of compliance shall(b) For soil cleanup levels based on the protection of groundwater, the point of compliance shall

be established in the soils throughout the site.be established in the soils throughout the site.

(c) For soil cleanup levels based on protection from vapors, the point of compliance shall be(c) For soil cleanup levels based on protection from vapors, the point of compliance shall be

established in the soils throughout the site from the ground surface to the uppermost groundwaterestablished in the soils throughout the site from the ground surface to the uppermost groundwater

saturated zone (e.g., from the ground surface to the uppermost water table).saturated zone (e.g., from the ground surface to the uppermost water table).

(d) For soil cleanup levels based on human exposure via direct contact or other exposure(d) For soil cleanup levels based on human exposure via direct contact or other exposure

pathways where contact with the soil is required to complete the pathway, the point of compliancepathways where contact with the soil is required to complete the pathway, the point of compliance

shall be established in the soils throughout the site from the ground surface to fifteen feet below theshall be established in the soils throughout the site from the ground surface to fifteen feet below the

ground surface. This represents a reasonable estimate of the depth of soil that could be excavatedground surface. This represents a reasonable estimate of the depth of soil that could be excavated

and distributed at the soil surface as a result of site development activities.and distributed at the soil surface as a result of site development activities.

(e) For soil cleanup levels based on ecological considerations, see WAC (e) For soil cleanup levels based on ecological considerations, see WAC 173-340-7490173-340-7490 for the for the

point of compliance.point of compliance.

(f) The department recognizes that, for those cleanup actions selected under this chapter that(f) The department recognizes that, for those cleanup actions selected under this chapter that

involve containment of hazardous substances, the soil cleanup levels will typically not be met at theinvolve containment of hazardous substances, the soil cleanup levels will typically not be met at the

-5-5

-5-5

-5-5

-5-5

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points of compliance specified in (b) through (e) of this subsection. In these cases, the cleanup actionpoints of compliance specified in (b) through (e) of this subsection. In these cases, the cleanup action

may be determined to comply with cleanup standards, provided:may be determined to comply with cleanup standards, provided:

(i) The selected remedy is permanent to the maximum extent practicable using the procedures in(i) The selected remedy is permanent to the maximum extent practicable using the procedures in

WAC WAC 173-340-360173-340-360;;

(ii) The cleanup action is protective of human health. The department may require a site-specific(ii) The cleanup action is protective of human health. The department may require a site-specific

human health risk assessment conforming to the requirements of this chapter to demonstrate that thehuman health risk assessment conforming to the requirements of this chapter to demonstrate that the

cleanup action is protective of human health;cleanup action is protective of human health;

(iii) The cleanup action is demonstrated to be protective of terrestrial ecological receptors under(iii) The cleanup action is demonstrated to be protective of terrestrial ecological receptors under

WAC WAC 173-340-7490173-340-7490 through through 173-340-7494173-340-7494;;

(iv) Institutional controls are put in place under WAC (iv) Institutional controls are put in place under WAC 173-340-440173-340-440 that prohibit or limit activities that prohibit or limit activities

that could interfere with the long-term integrity of the containment system;that could interfere with the long-term integrity of the containment system;

(v) Compliance monitoring under WAC (v) Compliance monitoring under WAC 173-340-410173-340-410 and periodic reviews under WAC and periodic reviews under WAC

173-340-430173-340-430 are designed to ensure the long-term integrity of the containment system; and are designed to ensure the long-term integrity of the containment system; and

(vi) The types, levels and amount of hazardous substances remaining on-site and the measures(vi) The types, levels and amount of hazardous substances remaining on-site and the measures

that will be used to prevent migration and contact with those substances are specified in the draftthat will be used to prevent migration and contact with those substances are specified in the draft

cleanup action plan.cleanup action plan.

(7) (7) Compliance monitoring.Compliance monitoring.

(a) Compliance with soil cleanup levels shall be based on total analyses of the soil fraction less(a) Compliance with soil cleanup levels shall be based on total analyses of the soil fraction less

than two millimeters in size. When it is reasonable to expect that larger soil particles could be reducedthan two millimeters in size. When it is reasonable to expect that larger soil particles could be reduced

to two millimeters or less during current or future site use and this reduction could cause an increaseto two millimeters or less during current or future site use and this reduction could cause an increase

in the concentrations of hazardous substances in the soil, soil cleanup levels shall also apply to thesein the concentrations of hazardous substances in the soil, soil cleanup levels shall also apply to these

larger soil particles. Compliance with soil cleanup levels shall be based on dry weight concentrations.larger soil particles. Compliance with soil cleanup levels shall be based on dry weight concentrations.

The department may approve the use of alternate procedures for stabilized soils.The department may approve the use of alternate procedures for stabilized soils.

(b) When soil levels have been established at a site, sampling of the soil shall be conducted to(b) When soil levels have been established at a site, sampling of the soil shall be conducted to

determine if compliance with the soil cleanup levels has been achieved. Sampling and analyticaldetermine if compliance with the soil cleanup levels has been achieved. Sampling and analytical

procedures shall be defined in a compliance monitoring plan prepared under WAC procedures shall be defined in a compliance monitoring plan prepared under WAC 173-340-410173-340-410. The. The

sample design shall provide data that are representative of the area where exposure to hazardoussample design shall provide data that are representative of the area where exposure to hazardous

substances may occur.substances may occur.

(c) The data analysis and evaluation procedures used to evaluate compliance with soil cleanup(c) The data analysis and evaluation procedures used to evaluate compliance with soil cleanup

levels shall be defined in a compliance monitoring plan prepared under WAC levels shall be defined in a compliance monitoring plan prepared under WAC 173-340-410173-340-410. These. These

procedures shall meet the following general requirements:procedures shall meet the following general requirements:

(i) Methods of data analysis shall be consistent with the sampling design. Separate methods may(i) Methods of data analysis shall be consistent with the sampling design. Separate methods may

be specified for surface soils and deeper soils;be specified for surface soils and deeper soils;

(ii) When cleanup levels are based on requirements specified in applicable state and federal laws,(ii) When cleanup levels are based on requirements specified in applicable state and federal laws,

the procedures for evaluating compliance that are specified in those requirements shall be used tothe procedures for evaluating compliance that are specified in those requirements shall be used to

evaluate compliance with cleanup levels unless those procedures conflict with the intent of thisevaluate compliance with cleanup levels unless those procedures conflict with the intent of this

section;section;

(iii) Where procedures for evaluating compliance are not specified in an applicable state and(iii) Where procedures for evaluating compliance are not specified in an applicable state and

federal law, statistical methods shall be appropriate for the distribution of sampling data for eachfederal law, statistical methods shall be appropriate for the distribution of sampling data for each

hazardous substance. If the distributions for hazardous substances differ, more than one statisticalhazardous substance. If the distributions for hazardous substances differ, more than one statistical

method may be required; andmethod may be required; and

(iv) The data analysis plan shall specify which parameters are to be used to determine(iv) The data analysis plan shall specify which parameters are to be used to determine

compliance with soil cleanup levels.compliance with soil cleanup levels.

(A) For cleanup levels based on short-term or acute toxic effects on human health or the(A) For cleanup levels based on short-term or acute toxic effects on human health or the

environment, an upper percentile soil concentration shall be used to evaluate compliance withenvironment, an upper percentile soil concentration shall be used to evaluate compliance with

cleanup levels.cleanup levels.

(B) For cleanup levels based on chronic or carcinogenic threats, the true mean soil concentration(B) For cleanup levels based on chronic or carcinogenic threats, the true mean soil concentration

shall be used to evaluate compliance with cleanup levels.shall be used to evaluate compliance with cleanup levels.

(d) When data analysis procedures for evaluating compliance are not specified in an applicable(d) When data analysis procedures for evaluating compliance are not specified in an applicable

state or federal law the following procedures shall be used:state or federal law the following procedures shall be used:

WAC 173-340-740: Unrestricted land use soil cleanup standards. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-340-740

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(i) A confidence interval approach that meets the following requirements:(i) A confidence interval approach that meets the following requirements:

(A) The upper one sided ninety-five percent confidence limit on the true mean soil concentration(A) The upper one sided ninety-five percent confidence limit on the true mean soil concentration

shall be less than the soil cleanup level. For lognormally distributed data, the upper one-sidedshall be less than the soil cleanup level. For lognormally distributed data, the upper one-sided

ninety-five percent confidence limit shall be calculated using Land's method; andninety-five percent confidence limit shall be calculated using Land's method; and

(B) Data shall be assumed to be lognormally distributed unless this assumption is rejected by a(B) Data shall be assumed to be lognormally distributed unless this assumption is rejected by a

statistical test. If a lognormal distribution is inappropriate, data shall be assumed to be normallystatistical test. If a lognormal distribution is inappropriate, data shall be assumed to be normally

distributed unless this assumption is rejected by a statistical test. The W test, D'Agostino's test, or,distributed unless this assumption is rejected by a statistical test. The W test, D'Agostino's test, or,

censored probability plots, as appropriate for the data, shall be the statistical methods used tocensored probability plots, as appropriate for the data, shall be the statistical methods used to

determine whether the data are lognormally or normally distributed;determine whether the data are lognormally or normally distributed;

(ii) For an evaluation conducted under (c)(iv)(A) of this subsection, a parametric test for(ii) For an evaluation conducted under (c)(iv)(A) of this subsection, a parametric test for

percentiles based on tolerance intervals to test the proportion of soil samples having concentrationspercentiles based on tolerance intervals to test the proportion of soil samples having concentrations

less than the soil cleanup level. When using this method, the true proportion of samples that do notless than the soil cleanup level. When using this method, the true proportion of samples that do not

exceed the soil cleanup level shall not be less than ninety percent. Statistical tests shall be performedexceed the soil cleanup level shall not be less than ninety percent. Statistical tests shall be performed

with a Type I error level of 0.05;with a Type I error level of 0.05;

(iii) Direct comparison of soil sample concentrations with cleanup levels may be used to evaluate(iii) Direct comparison of soil sample concentrations with cleanup levels may be used to evaluate

compliance with cleanup levels where selective sampling of soil can be reliably expected to findcompliance with cleanup levels where selective sampling of soil can be reliably expected to find

suspected soil contamination. There must be documented, reliable information that the soil samplessuspected soil contamination. There must be documented, reliable information that the soil samples

have been taken from the appropriate locations. Persons using this method must demonstrate thathave been taken from the appropriate locations. Persons using this method must demonstrate that

the basis used for selecting the soil sample locations provides a high probability that any existingthe basis used for selecting the soil sample locations provides a high probability that any existing

areas of soil contamination have been found; orareas of soil contamination have been found; or

(iv) Other statistical methods approved by the department.(iv) Other statistical methods approved by the department.

(e) All data analysis methods used, including those specified in state and federal law, must meet(e) All data analysis methods used, including those specified in state and federal law, must meet

the following requirements:the following requirements:

(i) No single sample concentration shall be greater than two times the soil cleanup level. Higher(i) No single sample concentration shall be greater than two times the soil cleanup level. Higher

exceedances to control false positive error rates at five percent may be approved by the departmentexceedances to control false positive error rates at five percent may be approved by the department

when the cleanup level is based on background concentrations; andwhen the cleanup level is based on background concentrations; and

(ii) Less than ten percent of the sample concentrations shall exceed the soil cleanup level. Higher(ii) Less than ten percent of the sample concentrations shall exceed the soil cleanup level. Higher

exceedances to control false positive error rates at five percent may be approved by the departmentexceedances to control false positive error rates at five percent may be approved by the department

when the cleanup level is based on background concentrations.when the cleanup level is based on background concentrations.

(f) When using statistical methods to demonstrate compliance with soil cleanup levels, the(f) When using statistical methods to demonstrate compliance with soil cleanup levels, the

following procedures shall be used for measurements below the practical quantitation limit:following procedures shall be used for measurements below the practical quantitation limit:

(i) Measurements below the method detection limit shall be assigned a value equal to one-half the(i) Measurements below the method detection limit shall be assigned a value equal to one-half the

method detection limit when not more than fifteen percent of the measurements are below themethod detection limit when not more than fifteen percent of the measurements are below the

practical quantitation limit.practical quantitation limit.

(ii) Measurements above the method detection limit but below the practical quantitation limit shall(ii) Measurements above the method detection limit but below the practical quantitation limit shall

be assigned a value equal to the method detection limit when not more than fifteen percent of thebe assigned a value equal to the method detection limit when not more than fifteen percent of the

measurements are below the practical quantitation limit.measurements are below the practical quantitation limit.

(iii) When between fifteen and fifty percent of the measurements are below the practical(iii) When between fifteen and fifty percent of the measurements are below the practical

quantitation limit and the data are assumed to be lognormally or normally distributed, Cohen's methodquantitation limit and the data are assumed to be lognormally or normally distributed, Cohen's method

shall be used to calculate a corrected mean and standard deviation for use in calculating an uppershall be used to calculate a corrected mean and standard deviation for use in calculating an upper

confidence limit on the true mean soil concentration.confidence limit on the true mean soil concentration.

(iv) If more than fifty percent of the measurements are below the practical quantitation limit, the(iv) If more than fifty percent of the measurements are below the practical quantitation limit, the

largest value in the data set shall be used in place of an upper confidence limit on the true mean soillargest value in the data set shall be used in place of an upper confidence limit on the true mean soil

concentration.concentration.

(v) The department may approve alternate statistical procedures for handling nondetected values(v) The department may approve alternate statistical procedures for handling nondetected values

or values below the practical quantitation limit.or values below the practical quantitation limit.

(vi) If a hazardous substance or petroleum fraction has never been detected in any sample at a(vi) If a hazardous substance or petroleum fraction has never been detected in any sample at a

site and these substances are not suspected of being present at the site based on site history andsite and these substances are not suspected of being present at the site based on site history and

other knowledge, that hazardous substance or petroleum fraction may be excluded from the statisticalother knowledge, that hazardous substance or petroleum fraction may be excluded from the statistical

analysis.analysis.

WAC 173-340-740: Unrestricted land use soil cleanup standards. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-340-740

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[Statutory Authority: RCW [Statutory Authority: RCW 70.105D.03070.105D.030(2). WSR 07-21-065 (Order 06-10), § 173-340-740, filed(2). WSR 07-21-065 (Order 06-10), § 173-340-740, filed

10/12/07, effective 11/12/07. Statutory Authority: Chapter 10/12/07, effective 11/12/07. Statutory Authority: Chapter 70.105D70.105D RCW. WSR 01-05-024 (Order RCW. WSR 01-05-024 (Order

97-09A), § 173-340-740, filed 2/12/01, effective 8/15/01; WSR 96-04-010 (Order 94-37), §97-09A), § 173-340-740, filed 2/12/01, effective 8/15/01; WSR 96-04-010 (Order 94-37), §

173-340-740, filed 1/26/96, effective 2/26/96; WSR 91-04-019, § 173-340-740, filed 1/28/91, effective173-340-740, filed 1/26/96, effective 2/26/96; WSR 91-04-019, § 173-340-740, filed 1/28/91, effective

2/28/91.]2/28/91.]

Reviser's note: Reviser's note: The brackets and enclosed material in the text of the above section occurredThe brackets and enclosed material in the text of the above section occurred

in the copy filed by the agency.in the copy filed by the agency.

WAC 173-340-740: Unrestricted land use soil cleanup standards. http://apps.leg.wa.gov/WAC/default.aspx?cite=173-340-740

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C - Inventory of Materials

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SITE MANAGEMENT PLAN (SMP) ICON Materials – Seattle, WA

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For a list of materials stored in bulk, see the table below. A comprehensive list materials used onsite is located in the Safety Data Sheet (SDS) Binder, located in the Control Building onsite.

Materials Stored in Bulk (>50 Gallons) The Pollution Prevention Team shall update this list as necessary.

Product Description

Location Quantity (Gals)

Type of Container Storage Containment Contact with

Storm Water

Liquid Asphalt

East of Plant

25,000 Single-walled steel Outside Above-ground horizontal tank

Within diked containment

Yes

Liquid Asphalt

East of Plant

25,000 Single-walled steel Outside Above-ground vertical tank

Within diked containment

Yes

Liquid Asphalt

East of Plant

20,000 Single-walled steel Outside Above-ground vertical tank

Within diked containment

Yes

MC Cold Mix East of Plant

10,000 Single-walled steel Outside Above-ground horizontal tank

Within diked containment

Yes

CSS-1 Tack Oil

North of Plant

500 Double-walled steel tank Outside Above-ground horizontal tank

Double-walled tank

Yes

Diesel Fuel East of Plant

500 Single-walled steel Outside Above-ground horizontal tank

Within diked containment

Yes

Asphalt Release Agent

Southwest of plant

55 55-Gallon Drum In small metal building Southwest of plant

Under Cover on Spill Containment

Pallet

No

Heat Transfer Oil

Shop Building

55 55-Gallon Drum In Shop Building on Spill Containment Pallet

Under Cover on Spill Containment

Pallet

Yes

Lubricating oils and grease

Southwest of plant

250 1-6 - 55-Gal drum of oil 2-7 – 5 Gal buckets of oil

1 - 120lb ¼ drum of grease

In Shop Building on Spill Containment Pallet

Under Cover on Spill Containment

Pallet

No

Waste Oil Southwest of plant

55 55-Gal Drum In small metal building Southwest of plant

Under Cover on Spill Containment

Pallet

No

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D - Washington State Department of Ecology Best Management Practices

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BEST MANAGEMENT PRACTICES (BMPS) ICON Materials Asphalt Plant – Seattle, WA

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Best Management Practices, as they apply to the facility, are included in the tables in this section. Also included in this Appendix are excerpts taken directly from the DOE Manual. For additional information, reference these excerpts and/or the most recent DOE Manual.

BMP Type Material,

Area, or Activity

Incorporated BMPs Used to Reduce, Eliminate Contact, or Treat Runoff

Notes & Comments

Frequency BMP is

Implemented In BMP

Reference

Applicable Operational Source Control BMPs from the Sand and Gravel General Permit

Preventative Maintenance

Store all chemical liquids, fluids, and petroleum products, on an impervious surface surrounded with a containment berm or dike that is capable of containing 10% of the total enclosed tank volume or 110% of the volume contained in the largest tank, whichever is greater. a) Precipitation must be prevented from accumulating in containment areas with a roof or equivalent structure. b) If cover is not practicable, the Spill Control Plan must include a description of how accumulated water will be managed and disposed of.

Implemented at all onsite tanks and drums, see Material Inventory in Appendix C.

Ongoing Practice

Shop Building and Asphalt Plant, and any other area where chemical liquids, fluids, and petroleum products are stored

S&G GP S8.E.1

Label containers (e.g. “Used Oil”, “Spent Solvents”, “Fertilizers and Pesticides”.)

Ongoing Practice

Shop Buildings and Asphalt Plant

S&G GP S8.E.2

Fully drain and cap empty containers. Minimize the number of empty containers on site.

See also BMPs for Loading and Unloading areas for Liquid and Solid Materials

Ongoing Practice

Shop Building S&G GP S8.E.3

Fit all dumpsters containing leachable materials with a lid that must remain closed when not in use, or alternatively keep the dumpster under cover.

All dumpsters have lids. Dumpsters do not need to be drained

Ongoing Practice

Facility Wide S&G GP S8.E.4

Locate spill kits at all stationary fueling stations, fuel transfer stations, and mobile fueling units.

Spill kits are located on the mobile fueling truck and in the shop building

Ongoing Practice

Shop Building

S&G GP S8.E.5

Use drip pans and absorbents under leaky vehicles and equipment or store indoors where feasible.

See also BMPs for

Maintenance and Repair of Vehicles and Equipment

Ongoing Practice

Facility Wide S&G GP S8.E.6

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Page 120

BMP Type Material, Area, or Activity

Incorporated BMPs Used to Reduce, Eliminate Contact, or Treat Runoff

Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Applicable Operational Source Control BMPs from the Sand and Gravel General Permit

Preventative Maintenance

Conduct all vehicle and equipment cleaning operations per the following: a. Permittees may use low pressure (under 100 psi) cold water to rinse mud off of vehicles and equipment provided no soap is used. Route rinse water to an on-site sediment treatment structure (e.g. sediment trap, catch basin with gravity separator, or treatment pond). b. Conduct all other vehicle and equipment cleaning operations under cover or in a bermed area to prevent commingling of wash water and stormwater. i. This wash water must drain to a proper collection system (i.e., not the stormwater drainage system). ii. Do not discharge any wastewater from concrete truck wash-out areas or from concrete trucks directly to surface water or groundwater. Treat this wastewater in a lined impoundment.

Ongoing Practice

Facility Wide S&G GP S8.E.7

Store unhardened concrete, any type of concrete solids (does not include fully cured or recycled concrete), returned asphalt, and cold mix asphalt on a bermed impervious surface. This includes comeback concrete, ecology blocks, septic tanks, jersey barriers, and other cast concrete products. Treat all stormwater that contacts these materials in a lined impoundment. Discharge of this water is subject to the effluent limitations in S2 and must not cause a violation of water quality standards

Recycled asphalt (cooled, fully cured) is stored onsite. Returned asphalt is not allowed to accumulate onsite. Cold mix is stored on an impervious surface and runoff from the area is directed to an underground, pre-cast oil-water separator.

Ongoing Practice

Asphalt Plant S&G GP S8.E.8

Store lead acid batteries under cover.

Ongoing Practice

Shop Building S&G GP S8.E.9

Take leaking equipment out of service and prevent it from leaking on the ground until repaired. Repair all leaks before putting equipment back into service on the site.

Ongoing Practice

Facility Wide S&G GP S8.E.10

Manage paving equipment to prevent stormwater contamination.

Ongoing Practice

Facility Wide S&G GP S8.E.11

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BEST MANAGEMENT PRACTICES (BMPS) ICON Materials Asphalt Plant – Seattle, WA

Page 121

BMP Type Material,

Area, or Activity

Incorporated BMPs Used to Reduce, Eliminate Contact, or Treat Runoff

Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Applicable Operational Source Control BMPs from Sand and Gravel General Permit

Preventative Maintenance

Manage sediment track out to paved public roads to prevent the tracked sediment from delivering to surface water or storm drain systems. Discharges to surface waters, public storm drain systems, or both are subject to permit limits for turbidity and must be included in the Permittee‘s sampling plan whenever track out onto the public roadway is evident. Measures recommended to control or prevent track out include:

Vacuum sweep as necessary to prevent track out.

Ongoing Practice

Site Entrances and Exiting Points

S&G GP S8.E.12

a) Limit vehicle access and exit to one route, if possible. Not feasible

S&G GP S8.E.12

b) Stabilize access points with a pad of quarry spalls, crushed rock, or other equivalent BMP, as necessary to minimize the tracking of sediment onto public roads.

Implement at accessways where pavement/ stockpile areas interface.

As necessary

S&G GP S8.E.12

c) Locate a closed loop wheel wash or tire baths (or equivalent BMP) on site, if the stabilized construction entrance is not effective in preventing sediment from being tracked onto public roads. Wheel wash or tire bath wastewater, must be discharged to an on-site treatment system or to the sanitary sewer.

Shall be implemented if necessary.

As necessary

S&G GP S8.E.12

d) Clean public roads thoroughly at the end of each day or more frequently during wet weather if sediment is tracked off site. Clean sediment from roads by shoveling or pickup sweeping and transport to a controlled sediment disposal area.

As necessary

South 96th Street

S&G GP S8.E.12

e) Only wash streets after sediment is removed in accordance with condition (d) above. Street wash wastewater must be controlled by pumping back on site or otherwise be prevented from discharging into systems tributary to waters of the state.

As necessary

South 96th Street

and Site Accessways Points

S&G GP S8.E.12

Applicable Operational Source Control BMPs

Pollution Prevention Team

Assign one or more individuals to be responsible for stormwater pollution control. Hold regular meetings to review the overall operation of the BMPs. Establish responsibilities for inspections, operations and maintenance, and availability for emergency situations. Train all team members in the operation, maintenance, and inspections of BMPs, and reporting procedures.

See SWPPP for Pollution Prevention Team

Once per Permit Cycle, update as necessary

Facility Wide

SWMM, Volume IV, Section 2.1

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BEST MANAGEMENT PRACTICES (BMPS) ICON Materials Asphalt Plant – Seattle, WA

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BMP Type Material,

Area, or Activity

Incorporated BMPs Used to Reduce, Eliminate Contact, or Treat Runoff

Notes & Comments

Frequency Stormwater Basin

BMP is Implemented In

BMP Reference

Applicable Operational Source Control BMPs

Good Housekeeping

Promptly contain and clean up solid and liquid pollutant leaks and spills including oils, solvents, fuels, and dust from manufacturing operations on any exposed soil, vegetation, or paved area.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

Sweep all appropriate surfaces with vacuum sweepers quarterly or more frequently as needed for the collection and disposal of dust and debris that could contaminate stormwater.

Quarterly (min.) and As Necessary

Paved Areas SWMM, Volume IV, Section 2.1

Do not hose down pollutants from any area to the ground, storm drains, conveyance ditches, or receiving water unless necessary for dust control purposes to meet air quality regulations. Convey pollutants before discharge, to a treatment system approved by the local jurisdiction.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

Clean oils, debris, sludge, etc. from all stormwater facilities regularly, including catch basins, settling/detention basins, oil/water separators, boomed areas, and conveyance systems to prevent the contamination of stormwater.

Quarterly (min.) and As Necessary

Stormwater Retention Pond and Tank and Storm System components

SWMM, Volume IV, Section 2.1

Promptly repair or replace all substantially cracked or otherwise damaged paved secondary containment, high-intensity parking, and any other drainage areas, subjected to pollutant material leaks or spills. Promptly repair or replace all leaking connections, pipes, hoses, valves, etc., which can contaminate stormwater.

As necessary

SWMM, Volume IV, Section 2.1

Do not connect floor drains in potential pollutant source areas to storm drains, surface water, or to the ground.

Floor drains are not connected to Storm System

Shop Buildings SWMM, Volume IV, Section 2.1

Recycle materials, such as oils, solvents, and wood waste, to the maximum extent practicable.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

Use drip pans to collect leaks and spills from industrial/ commercial equipment and other vehicles stored outside.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

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BEST MANAGEMENT PRACTICES (BMPS) ICON Materials Asphalt Plant – Seattle, WA

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BMP Type Material,

Area, or Activity

Incorporated BMPs Used to Reduce, Eliminate Contact, or Treat Runoff

Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Applicable Operational Source Control BMPs

Preventative Maintenance

Clean up pollutant liquid leaks and spills in impervious uncovered containment areas at the end of each working day.

Daily and as necessary

Uncovered containment areas

SWMM, Volume IV, Section 2.1

Use solid absorbents, e.g., clay and peat absorbents and rags for cleanup of liquid spills/leaks, where practicable.

If a spill occurs

SWMM, Volume IV, Section 2.1

Promptly repair/replace/reseal damaged paved areas

As necessary

Paved areas Facility Wide

SWMM, Volume IV, Section 2.1

Prevent the discharge of unpermitted liquid or solid wastes, process wastewater, and sewage to ground or surface water, or to storm drains that discharge to surface water, or to the ground. Conduct all oily parts cleaning, steam cleaning, or pressure washing of equipment or containers inside a building, or on an impervious contained area, such as a concrete pad. Direct contaminated stormwater from such an area to a sanitary sewer (where allowed by local sewer authority), or to another approved treatment facility.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

Pressure wash impervious surfaces contaminated with oils, metals, sediment, etc. Collect the resulting washwater for proper disposal (usually involves plugging storm drains, or otherwise preventing discharge and pumping or vactoring up washwater, for discharge to sanitary sewer or for vactor truck transport to a waste water treatment plant for disposal).

As necessary

Paved Areas SWMM, Volume IV, Section 2.1

Do not pave over contaminated soil unless it has been determined that ground water has not been and will not be contaminated by the soil. Call Ecology for assistance.

Implement if paving is considered.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

Construct impervious areas that are compatible with the materials handled. Portland cement concrete, asphalt, or equivalent material may be considered.

Implement as areas are considered.

As necessary

Facility Wide, as necessary

SWMM, Volume IV, Section 2.1

Use drip pans to collect leaks and spills from industrial/ commercial equipment such as cranes at ship/boat building and repair facilities, log stackers, industrial parts, trucks and other vehicles stored outside.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

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BEST MANAGEMENT PRACTICES (BMPS) ICON Materials Asphalt Plant – Seattle, WA

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BMP Type Material,

Area, or Activity

Incorporated BMPs Used to Reduce, Eliminate Contact, or Treat Runoff

Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Applicable Operational Source Control BMPs

Preventative Maintenance

At industrial and commercial facilities, drain oil and fuel filters before disposal. Discard empty oil and fuel filters, oily rags, and other oily solid waste into appropriately closed and properly labeled containers, and in compliance with the Uniform Fire Code or International Building Code.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

For the storage of liquids use containers, such as steel and plastic drums, that are rigid and durable, corrosion resistant to the weather and fluid content, non-absorbent, water tight, rodent-proof, and equipped with a close fitting cover.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

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BEST MANAGEMENT PRACTICES (BMPS) ICON Materials Asphalt Plant – Seattle, WA

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BMP Type Material,

Area, or Activity

Incorporated BMPs Used to Reduce, Eliminate Contact, or Treat Runoff

Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Applicable Operational Source Control BMPs

Preventative Maintenance

For the temporary storage of solid wastes contaminated with liquids or other potential polluted materials use dumpsters, garbage cans, drums, and comparable containers, which are durable, corrosion resistant, non-absorbent, non-leaking, and equipped with either a solid cover or screen cover to prevent littering. If covered with a screen, the container must be stored under a roof or other form of adequate cover.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

Preventative Maintenance

Where feasible, store potential stormwater pollutant materials inside a building or under a cover and/or containment.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

Preventative Maintenance

Recycle waste materials such as solvents, coolants, oils, degreasers, and batteries to the maximum extent feasible.

Ongoing Practice

Shop Building SWMM, Volume IV, Section 2.1

Preventative Maintenance

Empty drip pans after a spill or leak is controlled/contained.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

Spill Prevention & Cleanup

Stop, contain, and clean up all spills immediately upon discovery.

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

Spill Prevention & Cleanup

If pollutant materials are stored on-site, have spill containment and cleanup kits readily accessible.

Ongoing Practice

Spill Kit is kept in Shop Building

SWMM, Volume IV, Section 2.1

Spill Prevention & Cleanup

If the spill has reached or may reach a sanitary or a storm sewer, ground water, or surface water notify the local jurisdiction, Ecology, and the local sewer authority immediately. Notification must comply with DOE and Federal spill reporting requirements.

As necessary

Facility Wide SWMM, Volume IV, Section 2.1

Spill Prevention & Cleanup

Do not flush or otherwise direct absorbent materials or other spill cleanup materials to a storm drain. Collect the contaminated absorbent material as a solid and place in appropriate disposal containers

Ongoing Practice

Facility Wide SWMM, Volume IV, Section 2.1

Employee Training

Train all employees that work in pollutant source areas in:

Annually SWMM, Volume IV, Section 2.1

Employee Training

• Identifying pollutant sources

SWMM, Volume IV, Section 2.1

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BMP is Implemented In

BMP Reference

Applicable Operational Source Control BMPs

Employee Training

• Understanding pollutant control measures

SWMM, Volume IV, Section 2.1

Employee Training

• Responding to spills

SWMM, Volume IV, Section 2.1

Employee Training

• Handling practices that are environmentally acceptable. Particularly those related to vehicle/equipment liquids such as fuels, and vehicle/equipment cleaning.

SWMM, Volume IV, Section 2.1

Inspections Qualified personnel shall conduct inspections in accordance with the Site Monitoring Plan. Maintain a record of each inspection on-site . Inspections shall: • Verify the accuracy of the pollutant source descriptions in the SWPPP. • Verify the performance of the stormwater operational and structural source controls and the treatment BMPs. • Reflect current conditions on the site. • Include written observations of the presence of floating materials, suspended solids, oil and grease, discoloration, turbidity and odor in the stormwater discharges; in outside vehicle maintenance/repair; and liquid handling, and storage areas. In areas where acid or alkaline materials are handled or stored use a simple litmus or pH paper to identify those types of stormwater contaminants where needed. • Eliminate or obtain a permit for unpermitted non-stormwater discharges to storm drains or receiving waters, such as process wastewater and vehicle/equipment washwater.

As noted in Monitoring Plan

Stormwater Retention Pond and Tank.

SWMM, Volume IV, Section 2.1

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Applicable Operational Source Control BMPs

Record Keeping

Retain the inspection reports for five years and ensure the inspection reports include: • Visual inspection reports which should include: • Time and date of the inspection • Locations inspected • Statement on status of compliance with the permit • Summary report of any remediation activities required • Name, title, and signature of person conducting the inspection • Reports on spills of oil or hazardous substances in greater than Reportable Quantities (Code of Federal Regulations Title 40 Parts 302.4 and 117). Report spills of the following: antifreeze, oil, gasoline, or diesel fuel, that cause: • A violation of the State of Washington's Water Quality Standards. • A film or sheen upon or discoloration of the waters of the State or adjoining shorelines. • A sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.

See Spill Control Plan included in this Site Management Plan

As noted Documentation Retained onsite in Office

SWMM, Volume IV, Section 2.1

Pollutant Source-Specific BMPs

BMPs for Dust Control at Disturbed Land Areas and Unpaved Roadways and Parking Lots

Sprinkle or wet down soil or dust with water as long as it does not result in a wastewater discharge.

As necessary

Facility Wide

S407 SWMM, Volume IV, Section 2.2

Use only local and/or state government approved dust suppressant chemicals such as those listed in Ecology Publication #96-433, Techniques for Dust Prevention and Suppression.

If chemical dust suppressants are considered

Facility Wide

S407 SWMM, Volume IV, Section 2.2

Avoid excessive and repeated applications of dust suppressant chemicals. Time the application of dust suppressants to avoid or minimize their wash-off by rainfall or human activity such as irrigation.

If chemical dust suppressants are considered

Facility Wide

S407 SWMM, Volume IV, Section 2.2

Apply stormwater containment to prevent the conveyance of sediment into storm drains or receiving waters.

As necessary

Stormwater Pond and Vault

S407 SWMM, Volume IV, Section 2.2

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Area, or Activity

Incorporated BMPs Used to Reduce, Eliminate Contact, or Treat Runoff

Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific BMPs

BMPs for Dust Control at Disturbed Land Areas and Unpaved Roadways and Parking Lots

Ecology prohibits the use of motor oil for dust control. Take care when using lignin derivatives and other high BOD chemicals in areas susceptible to contaminating surface water or ground water.

If chemical dust suppressants are considered

Ongoing Practice

Facility Wide

S407 SWMM, Volume IV, Section 2.2

Consult with Ecology and the local permitting authority on discharge permit requirements if the dust suppression process results in a wastewater discharge to the ground, ground water, storm drain, or surface water.

Ongoing Practice

Facility Wide

S407 SWMM, Volume IV, Section 2.2

BMPs for Dust Control at Manufacturing Areas

Clean, as needed, powder material handling equipment and vehicles

As Necessary

Facility Wide

S408 SWMM, Volume IV, Section 2.2

Regularly sweep dust accumulation areas that can contaminate stormwater. Conduct sweeping using vacuum filter equipment to minimize dust generation and to ensure optimal dust removal.

As Necessary

Facility Wide

S408 SWMM, Volume IV, Section 2.2

BMPs for Loading and Unloading Areas for Liquid or Solid Materials

A significant amount of debris can accumulate at outside, uncovered loading/unloading areas. Sweep these surfaces frequently to remove loose material that could contaminate stormwater. Sweep areas temporarily covered after removal of the containers, logs, or other material covering the ground.

As necessary

Paved outdoor loading/unloading areas

S412 SWMM, Volume IV, Section 2.2

Place drip pans, or other appropriate temporary containment device, at locations where leaks or spills may occur such as hose connections, hose reels and filler nozzles. Always use drip pans when making and breaking connections. Check loading/ unloading equipment such as valves, pumps, flanges, and connections regularly for leaks and repair as needed.

Ongoing Practice

Facility Wide

S412 SWMM, Volume IV, Section 2.2

To minimize the risk of accidental spillage, adhere to the Spill Control Plan. Train the employees, especially fork lift operators, in its execution and post it or otherwise have it readily available to all employees.

See the Spill Control Plan included in this SMP

Ongoing Practice

Facility Wide

S412 SWMM, Volume IV, Section 2.2

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Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific BMPs

BMPs for Loading and Unloading Areas for Liquid or Solid Materials

Report spills of reportable quantities to Ecology.

Ongoing Practice

S412 SWMM, Volume IV, Section 2.2

Adhere to the Spill Control plan, prepared the facility See the Spill Control Plan included in this SMP

S412 SWMM, Volume IV, Section 2.2

Consistent with Uniform Fire Code requirements (Appendix IV-D R.2) and to the extent practicable, conduct unloading or loading of solids and liquids in a manufacturing building, under a roof, or lean-to, or other appropriate cover.

Ongoing Practice

Loading/Unloading Areas

S412 SWMM, Volume IV, Section 2.2

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Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific BMPs

BMPs for Loading and Unloading Areas for Liquid or Solid Materials

Berm, dike, and/or slope the loading/unloading area to prevent run-on of stormwater and to prevent the runoff or loss of any spilled material from the area.

As necessary

Loading/Unloading Areas

S412 SWMM, Volume IV, Section 2.2

Pave and slope loading/unloading areas to prevent the pooling of water. Minimize the use of catch basins and drain lines within the interior of the paved area or place catch basins in designated “alleyways” that are not covered by material, containers, or equipment.

As necessary

Loading/Unloading Areas

SWMM, Volume IV, Section 2.2

BMPs for Maintenance and Repair of Vehicles and Equipment

Inspect all incoming vehicles, parts, and equipment stored temporarily outside for leaks.

Ongoing Practice

Facility Wide

S414 SWMM, Volume IV, Section 2.2

Use drip pans or containers under parts or vehicles that drip or that are likely to drip liquids, such as during dismantling of liquid containing parts or removal or transfer of liquids.

Ongoing Practice

Facility Wide

S414 SWMM, Volume IV, Section 2.2

Remove batteries and liquids from vehicles and equipment in designated areas designed to prevent stormwater contamination. Store cracked batteries in a covered non-leaking secondary containment system.

Ongoing Practice

Facility Wide

S414 SWMM, Volume IV, Section 2.2

Remove liquids from vehicles retired for scrap. Not applicable. Vehicles are not retired for scrap onsite.

Ongoing Practice

S414 SWMM, Volume IV, Section 2.2

Empty oil and fuel filters before disposal. Provide for proper disposal of waste oil and fuel.

Dispose of oil in the “Waste Oil” Container, located in the shop building.

Ongoing Practice

Facility Wide

S414 SWMM, Volume IV, Section 2.2

Do not pour/convey washwater, liquid waste, or other pollutants into storm drains or to surface water. Check with the local sanitary sewer authority for approval to convey water to a sanitary sewer.

Ongoing Practice

Facility Wide

S414 SWMM, Volume IV, Section 2.2

Do not connect maintenance and repair shop floor drains to storm drains or to surface water.

Ongoing Practice

Shop Building

S414 SWMM, Volume IV, Section 2.2

To allow for snowmelt during the winter, install a drainage trench with a sump for particulate collection. Use the drainage trench for draining the snowmelt only and not for discharging any vehicular or shop pollutants.

Implement as necessary

S414 SWMM, Volume IV, Section 2.2

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Notes & Comments

Frequency Stormwater Basin

BMP is Implemented In

BMP Reference

Pollutant Source-Specific BMPs

BMPs for Maintenance and Repair of Vehicles and Equipment

Conduct all maintenance and repair of vehicles and equipment in a building, or other covered impervious containment area that is sloped to prevent run-on of uncontaminated stormwater and runoff of contaminated water.

Ongoing Practice

Shop Building

S414 SWMM, Volume IV, Section 2.2

Park large mobile equipment, such as log stackers, in a designated area

Ongoing Practice

Mobile Equipment Parking Area

S414 SWMM, Volume IV, Section 2.2

BMPs for Maintenance of Stormwater Drainage and Treatment Systems

Inspect and clean treatment BMPs, conveyance systems, and catch basins as needed, and determine necessary O&M improvements.

Ongoing Practice

Facility Wide

S417 SWMM, Volume IV, Section 2.2

Promptly repair any deterioration threatening the structural integrity of stormwater facilities. These include replacement of clean-out gates, catch basin lids, and rock in emergency spillways.

Ongoing Practice

Sediment Pond / Water Quality Tank, SD Pipes and Catch Basins

S417 SWMM, Volume IV, Section 2.2

Ensure adequacy of storm sewer capacities and prevent heavy sediment discharges to the sewer system.

Ongoing Practice

Sediment Pond / Water Quality Tank, SD Pipes and Catch Basins

S417 SWMM, Volume IV, Section 2.2

Regularly remove debris and sludge from BMPs used for peak-rate control, treatment, etc. and discharge to a sanitary sewer if approved by the sewer authority or truck to an appropriate local or state government approved disposal site.

As necessary

Sediment Pond / Water Quality Tank, SD Pipes and Catch Basins

S417 SWMM, Volume IV, Section 2.2

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Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific BMPs

BMPs for Maintenance of Stormwater Drainage and Treatment Systems

Clean catch basins when the depth of deposits reaches 60 percent of the sump depth as measured from the bottom of basin to the invert of the lowest pipe into or out of the basin. However, in no case should there be less than six inches clearance from the debris surface to the invert of the lowest pipe. Some catch basins (for example, WSDOT Type 1L basins) may have as little as 12 inches sediment storage below the invert. These catch basins need frequent inspection and cleaning to prevent scouring. Where these catch basins are part of a stormwater collection and treatment system, the system owner/operator may choose to concentrate maintenance efforts on downstream control devices as part of a systems approach.

As necessary

Site storm system components

S417 SWMM, Volume IV, Section 2.2

Clean woody debris in a catch basin as frequently as needed to ensure proper operation of the catch basin.

As necessary

Onsite catch basins

S417 SWMM, Volume IV, Section 2.2

Post warning signs; “Dump No Waste - Drains to Ground Water,” “Streams,” “Lakes,” or emboss on or adjacent to all storm drain inlets where possible.

Onsite catch basins, where feasible

S417 SWMM, Volume IV, Section 2.2

Disposal of sediments and liquids from the catch basins must comply with “Recommendations for Management of Street Wastes” described in Appendix IV-G of the DOE SWMM.

Ongoing Practice

Facility Wide

S417 SWMM, Volume IV, Section 2.2

BMPs for Mobile Fueling of Vehicles and Heavy Equipment

Ensure that the local fire department approves all mobile fueling operations. Comply with local and Washington State fire codes.

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

In fueling locations that are in close proximity to sensitive aquifers, designated wetlands, wetland buffers, or other waters of the State, approval by local jurisdictions is necessary to ensure compliance with additional local requirements.

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

Ensure compliance with all 49 CFR 178 requirements for DOT 406 cargo tanker. Documentation from a Department of Transportation (DOT) Registered Inspector provides proof of compliance.

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

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Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific BMPs

BMPs for Mobile Fueling of Vehicles and Heavy Equipment

Ensure the presence and the constant observation/monitoring of the driver/operator at the fuel transfer location at all times during fuel transfer and ensure implementation of the following procedures at the fuel transfer locations:

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

− Locate the point of fueling at least 25 feet from the nearest storm sewer or inside an impervious containment with a volumetric holding capacity equal to or greater than 110 percent of the fueling tank volume, or covering the storm sewer to ensure no inflow of

Spilled or leaked fuel. Covers are not required for storm sewers that convey the inflow to a spill control separator approved by the local jurisdiction and the fire department. Potential spill/leak conveyance surfaces must be impervious and in good repair.

− Place a drip pan or an absorbent pad under each fueling location prior to and during all dispensing operations. The pan (must be liquid tight) and the absorbent pad must have a capacity of at least 5 gallons. There is no need to report spills retained in the drip pan or the pad.

− Manage the handling and operation of fuel transfer hoses and nozzle, drip pan(s), and absorbent pads as needed to prevent spills/leaks of fuel from reaching the ground, storm sewer, and receiving waters.

− Avoid extending the fueling hoses across a traffic lane without fluorescent traffic cones, or equivalent devices, conspicuously placed to block all traffic from crossing the fuel hose.

− Remove the fill nozzle and cease filling the tank when the automatic shut-off valve engages. Do not lock automatic shutoff fueling nozzles in the open position.

− Do not “top off” the fuel receiving equipment.

Provide the driver/operator of the fueling vehicle with: − Adequate flashlights or other mobile lighting to view fuel fill openings with poor accessibility. Consult with local fire department for additional lighting requirements. − Two-way communication with his/her home base.

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

Train the driver/operator annually in spill prevention and cleanup measures and emergency procedures. Make all employees aware of the significant liability associated with fuel spills.

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

The responsible manager shall properly sign and date the fueling operating procedures. Distribute procedures to the operators, retain them in the organization files, and make them available in the event an authorized government agency requests a review.

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

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Basin BMP is Implemented In

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Pollutant Source-Specific BMPs

BMPs for Mobile Fueling of Vehicles and Heavy Equipment

Immediately notify the local fire department (911) and the appropriate regional office of the Department of Ecology in the event of any spill entering surface or ground waters. Establish a “call down list” to ensure the rapid and proper notification of management and government officials should any significant amount of product be lost off-site. Keep the list in a protected but readily accessible location in the mobile fueling truck. The “call down list” should also pre-identify spill response contractors available in the area to ensure the rapid removal of significant product spillage into the environment.

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

Maintain a minimum of the following spill clean-up materials in all fueling vehicles, that are readily available for use: − Non-water absorbents capable of absorbing at least15 gallons of diesel fuel. − A storm drain plug or cover kit. − A non-water absorbent containment boom of a minimum 10 feet in length with a 12-gallon minimum absorbent capacity. − A non-spark generating shovel (a steel shovels could generate a spark and cause an explosion in the right environment around a spill). − Two, five-gallon buckets with lids.

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

Use automatic shutoff nozzles for dispensing the fuel. Replace automatic shut-off nozzles as recommended by the manufacturer.

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

Maintain and replace equipment on fueling vehicles, particularly hoses and nozzles, at established intervals to prevent failures.

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

Applicable Structural Source Control BMPs: Include the following fuel transfer site components: • Automatic fuel transfer shut-off nozzles. • An adequate lighting system at the filling point.

By Independent Contractor

Ongoing Practice

Facility Wide

S419 SWMM, Volume IV, Section 2.2

BMPs for Parking and Storage of Vehicles and Equipment

If washing a parking lot, discharge the washwater to a sanitary sewer, if allowed by the local sewer authority, or other approved wastewater treatment system, or collect washwater for off-site disposal.

Required when washing a parking lot

Paved Areas

S421 SWMM, Volume IV, Section 2.2

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Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific BMPs

BMPs for Parking and Storage of Vehicles and Equipment

Do not hose down the area to a storm sewer or receiving water. Vacuum sweep parking lots, storage areas, and driveways regularly to collect dirt, waste, and debris.

Ongoing Practice

Facility Wide

S421 SWMM, Volume IV, Section 2.2

An oil removal system such as an API or CP oil and water separator, catch basin filter, or equivalent BMP, approved by the local jurisdiction, is necessary for parking lots meeting the threshold vehicle traffic intensity level of a high-use site.

High Use means the site is: • Subject to an expected average daily vehicle traffic (ADT) count equal to or greater than 100 vehicles per 1,000 square feet of gross building area: or • Is subject to storage of a fleet of 25 or more diesel vehicles that are over 10 tons gross weight (trucks, buses, trains, heavy equipment, etc.).

As necessary

Oil Water separators upstream to the east and west of the Asphalt Plant

S421 SWMM, Volume IV, Section 2.2

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Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific BMPs

BMPs for Roof/Building Drains at Manufacturing and Commercial Buildings

If leachates and/or emissions from buildings are suspected sources of stormwater pollutants, then sample and analyze the stormwater draining from the building.

Implement as necessary

S424 SWMM, Volume IV, Section 2.2

Sweep the area routinely to remove any zinc residuals.

As necessary, at least once a week.

Paved areas

S424 SWMM, Volume IV, Section 2.2

If a roof/building stormwater pollutant source is identified, implement appropriate source control measures such as air pollution control equipment, selection of materials, operational changes, material recycle, process changes, etc.

As necessary

S424 SWMM, Volume IV, Section 2.2

Paint/coat the galvanized surfaces as described in Ecology Publication # 08-10-025.

As necessary

S424 SWMM, Volume IV, Section 2.2

BMPs for Soil Erosion and Sediment Control at Industrial Sites

Cover Practice Options: • Vegetative cover such as grass, trees, shrubs, on erodible soil areas. • Covering with mats such as clear plastic, jute, synthetic fiber. • Preservation of natural vegetation including grass, trees, shrubs, and vines.

As necessary

At sloped areas between stockpile and production area

S425 SWMM, Volume IV, Section 2.2

Structural Practice Options: • Vegetated swale • Dike • Silt fence • Check dam • Gravel filter berm • Sedimentation basin • Proper grading.

As necessary

S425 SWMM, Volume IV, Section 2.2

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Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific BMPs

BMPs for Spills of Oil and Hazardous Substances

Adhere to the Spill Control Plan (SCP) which includes: − A description of the facility including the owner's name and address. − The nature of the activity at the facility. − The general types of chemicals used or stored at the facility. − A site plan showing the location of storage areas for chemicals, the locations of storm drains, the areas draining to them, and the location and description of any devices to stop spills from leaving the site such as positive control valves. − Cleanup procedures. − Notification procedures used in the event of a spill, such as notifying key personnel. Agencies such as Ecology, local fire department, Washington State Patrol, and the local Sewer Authority, shall be notified. − The name of the designated person with overall spill cleanup and notification responsibility.

This SMP and the SCP (Section 4) satisfy this BMP

Review Quarterly

Facility Wide

S426 SWMM, Volume IV, Section 2.2

Train key personnel in the implementation of the SCP. Prepare a summary of the plan and post it at appropriate points in the building, identifying the spill cleanup coordinators, location of cleanup kits, and phone numbers of regulatory agencies to contact in the event of a spill.

See the SCP (Section 4) of this SMP

Annually or more as necessary

S426 SWMM, Volume IV, Section 2.2

Update the SCP regularly. See the SCP (Section 4) of this SMP

Ongoing Practice

S426 SWMM, Volume IV, Section 2.2

Immediately notify Ecology, the local jurisdiction, and the local Sewer Authority if a spill may reach sanitary or storm sewers, ground water, or surface water, in accordance with federal and Ecology spill reporting requirements.

As necessary

Facility Wide

S426 SWMM, Volume IV, Section 2.2

Immediately clean up spills. Do not use emulsifiers for cleanup unless there is an appropriate disposal method for the resulting oily wastewater. Do not wash absorbent material down a floor drain or into a storm sewer.

As necessary

Facility Wide

S426 SWMM, Volume IV, Section 2.2

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Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific BMPs

BMPs for Spills of Oil and Hazardous Substances

Locate emergency spill containment and cleanup kit(s) in high potential spill areas. The contents of the kit shall be appropriate for the type and quantities of chemical liquids stored at the facility.

Ongoing Practice

Shop/Storage Areas and during Mobile Fueling

S426 SWMM, Volume IV, Section 2.2

Spill kits should include appropriately lined drums, absorbent pads, and granular or powdered materials for neutralizing acids or alkaline liquids where applicable. In fueling areas: Package absorbent material in small bags for easy use and make available small drums for storage of absorbent and/or used absorbent. Deploy spill kits in a manner that allows rapid access and use by employees.

Ongoing Practice

Shop/Storage Areas and during Mobile Fueling

S426 SWMM, Volume IV, Section 2.2

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Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific

BMPs

BMPs for Storage of Liquids in

Permanent Aboveground

Tanks

Inspect the tank containment areas regularly for leaks/spills, cracks, corrosion, etc. to identify problem components such as fittings, pipe connections, and valves

Ongoing Practice

Asphalt Plant Tank Storage

S428 SWMM,

Volume IV, Section 2.2

Place adequately sized drip pans beneath all mounted taps and drip/spill locations during filling/unloading of tanks. Operators may need valve drain tubing in mounted drip pans.

Ongoing Practice

Asphalt Plant Tank Storage

S428 SWMM,

Volume IV, Section 2.2

Vacuum sweep and clean the tank storage area regularly, if paved.

Ongoing Practice

Asphalt Plant Tank Storage

S428 SWMM,

Volume IV, Section 2.2

Replace or repair tanks that are leaking, corroded, or otherwise deteriorating.

Ongoing Practice

Asphalt Plant Tank Storage

S428 SWMM,

Volume IV, Section 2.2

Replace or repair tanks that are leaking, corroded, or otherwise deteriorating.

Ongoing Practice

Asphalt Plant Tank Storage

S428 SWMM,

Volume IV, Section 2.2

All installations shall comply with the Uniform Fire Code (Appendix IV-D R.2) and the National Electric Code.

Ongoing Practice

Asphalt Plant Tank Storage

S428 SWMM,

Volume IV, Section 2.2

Locate permanent tanks in impervious (Portland cement concrete or equivalent) secondary containment surrounded by dikes as illustrated in Figure 2.2.12, or use UL Approved double-walled tanks. The dike must be of sufficient height to provide a containment volume of either 10 percent of the total enclosed tank volume or 110 percent of the volume contained in the largest tank, whichever is greater.

Ongoing Practice

Asphalt Plant Tank Storage

S428 SWMM,

Volume IV, Section 2.2

Slope the secondary containment to drain to a dead-end sump or equivalent, for the collection of small spills.

Ongoing Practice

Asphalt Plant Tank Storage

S428 SWMM,

Volume IV, Section 2.2

Include a tank overfill protection system to minimize the risk of spillage during loading.

Ongoing Practice

Asphalt Plant Tank Storage

S428 SWMM,

Volume IV, Section 2.2

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BEST MANAGEMENT PRACTICES (BMPS) ICON Materials Asphalt Plant – Seattle, WA

Page 140

BMP Type Material,

Area, or Activity

Incorporated BMPs Used to Reduce, Eliminate Contact, or Treat Runoff

Notes & Comments

Frequency Stormwater

Basin BMP is Implemented In

BMP Reference

Pollutant Source-Specific

BMPs

BMPs for Storage or Transfer of Solid Raw Materials, Byproducts or Finished Products

Do not hose down the contained stockpile area to a storm drain or a conveyance to a storm drain, or to a receiving water.

Ongoing Practice

Stockpile Areas

S429 SWMM, Volume IV, Section 2.2

For large uncovered stockpiles, implement containment practices at the perimeter of the site and at any catch basins as needed to prevent erosion and discharge of the stockpiled material off-site or to a storm drain. Ensure that no direct discharge of contaminated stormwater to catch basins exists without conveying runoff through an appropriate treatment BMP.

Material is stockpiled at a stable slope, not exceeding the angle of repose.

Ongoing Practice

Stockpile Areas

S429 SWMM, Volume IV, Section 2.2

If and when feasible, collect and recycle water-soluble materials (leachates).

Ongoing Practice

Storm/Process Pond'

S429 SWMM, Volume IV, Section 2.2

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E - Washington State Department of Ecology Sampling Procedures and Methods

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Stormwater Sampling Manual

A guide for the Industrial Stormwater General Permit

December 2015

Publication No. 15-03-044

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Publication information This report is available on the Department of Ecology’s website at https://fortress.wa.gov/ecy/publications/SummaryPages/1503044.html

This guidance is an update to How to do Stormwater Sampling which was originally developed by Ecology’s Environmental Assessment Program in 2002 and then updated in 2010. This most recent update was made in accordance with the new Industrial Stormwater General Permit that became effective on January 2, 2015.

Suggested Citation:

Washington State Department of Ecology. 2015. Stormwater Sampling Manual: A guide for the Industrial Stormwater General Permit. Washington State Department of Ecology, Olympia, WA. 41 p. Publication No. 15-03-044. https://fortress.wa.gov/ecy/publications/summarypages/1503044.html

Contact information For more information contact:

Publications Coordinator Environmental Assessment Program P.O. Box 47600, Olympia, WA 98504-7600 Phone: (360) 407-6764

Washington State Department of Ecology - www.ecy.wa.gov

o Headquarters, Olympia (360) 407-6000 o Northwest Regional Office, Bellevue (425) 649-7000 o Southwest Regional Office, Olympia (360) 407-6300 o Central Regional Office, Union Gap (509) 575-2490 o Eastern Regional Office, Spokane (509) 329-3400

Any use of product or firm names in this publication is for descriptive purposes only and does not imply endorsement by the author or the Department of Ecology.

Accommodation Requests: To request ADA accommodation including materials in a format for the visually impaired, call Ecology at 360-407-6764. Persons with impaired hearing may call Washington Relay Service at 711. Persons with speech disability may call TTY at 877-833-6341.

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Contributing authors The following Department of Ecology staff contributed their hard work and technical knowledge to the 2015 update.

Current staff

William Hobbs Jeff Killelea Kurt Baumgarten Brandi Lubliner Greg Stegman Vincent McGowan Kevin Hancock Marc Pacifico Tom Leonard

Former staff

Stephen Golding Elaine Tomita Julie Lowe Dewey Weaver

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Table of Contents Introduction ........................................................................................................................5

Advance Planning for Stormwater Sampling..................................................................6 Deciding what to sample ................................................................................................6 Selecting a lab to test your sample .................................................................................7 Contacting the lab in advance ........................................................................................7

Issues you may want to cover with the lab ..............................................................8 Deciding how you will take the sample .........................................................................9

Collecting total petroleum hydrocarbons – diesel fraction (TPH-Dx) samples .....10 Determining which discharges to sample ..............................................................11 S4.B.2. sample location(s) .....................................................................................12 Selecting sampling points ......................................................................................13 Obtaining supplies for sampling ............................................................................15

Planning Just Prior to Stormwater Sampling ...............................................................15 Being prepared .............................................................................................................15 Choosing when to sample ............................................................................................15 Check weather forecasts ..............................................................................................16

Conducting Sampling at Your Facility ..........................................................................17 Checklist for sampling .................................................................................................17

Visible oil sheen, zinc, copper, turbidity, and pH ..................................................17 How to fill sample bottles ......................................................................................18 Simple principles of good grab sample collection .................................................18

Keeping records ...........................................................................................................19

Special Sampling Considerations ...................................................................................21 Sampling stormwater discharges from a pipe into a receiving water ..........................21 Sampling from a manhole ............................................................................................21 Sampling from a storm drain with a filter or insert .....................................................22 Sampling from a drainage ditch or swale ....................................................................23 Sampling sheet flow .....................................................................................................24 Sampling from a stormwater detention pond or other BMP ........................................25 Sampling storm drain solids.........................................................................................26

Ecology Wants to Hear from You ..................................................................................27

References .........................................................................................................................28

Glossary, Acronyms, and Abbreviations .......................................................................29

Appendices ........................................................................................................................33 Appendix A - Proper and Improper Methods of Sampling ..........................................35 Appendix B - Guidance on Results near Lab Detection Limits...................................37 Appendix C - Tables from the Industrial Stormwater General Permit ........................39

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Introduction The Industrial Stormwater General Permit (ISGP) applies to all facilities conducting industrial activities that discharge stormwater to a surface water body or to a storm sewer system that drains to a surface water body.

The permit requires that facilities conduct sampling of stormwater and report the results to the Washington State Department of Ecology (Ecology). These requirements are outlined in the permit under “Special Condition S4. General Sampling Requirements.” This Stormwater Sampling Manual supports the sampling portion of the general permit but does not substitute for it.

Sources of pollutants that may enter surface water, sediments, or groundwater can be identified by sampling stormwater discharges. The results from sampling will help facilities develop their Stormwater Pollution Prevention Plan, determine if the existing plan is adequate, and implement or assess best management practices.

The purpose of this manual is to help those who operate facilities do their own sampling. The manual provides a step-by-step procedure of what facilities need to do to sample, gather, and report data in order to describe the quality of stormwater leaving the facility.

The purpose of this guide is to help those who operate facilities do their own sampling.

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Advance Planning for Stormwater Sampling Deciding what to sample Before beginning your sampling, you’ll need to determine the specific pollutants (water quality parameters) you are required to sample and test for. All facilities must monitor for turbidity, pH, zinc, copper, and the presence of a visible oil sheen. Your parameters are based on:

The standard set of parameters for all facilities (turbidity, pH, zinc, copper and visible oil sheen).

The industrial activities at your site, often classified by your facility’s Standard Industrial Classification (SIC) code.

Whether your facility discharges to an impaired (303(d) listed) water body, Puget Sound Sediment Cleanup Site, or a water body with a TMDL or other water cleanup plan.

Any additional parameters Ecology assigned to your facility by administrative order.

Ecology listed the required parameters for your facility in the permit coverage letter mailed to you when the permit was issued. Your required parameters are also shown on your facility’s Discharge Monitoring Report (DMR) data entry screen (WQWebDMR). Contact Ecology if you have any questions about the required parameters for your facility.

All facilities must monitor for turbidity, pH, zinc, copper, and

a visible oil sheen.

Summary of Stormwater Sampling Guidance Manual

1. Decide what to sample – sample turbidity, pH, zinc, copper, a visible oil sheen, and additional parameters as per the permit; check your permit coverage letter.

2. Select and contact a lab – verify analytical methods, detection limits, sample preservation, and data reporting requirements.

3. Decide how you will sample – identify sample locations; make sure you sample only your stormwater; verify if you have to sample petroleum hydrocarbons; obtain sampling supplies.

4. Plan your sampling events – choose sampling times; check weather forecasts.

5. Conduct sampling – review guidance on how to sample; take notes; read through Special Considerations in this manual.

Discuss any questions or issues with the Department of Ecology.

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Selecting a lab to test your sample Having identified the parameters you will need tested, the next step is to select a lab to perform the tests. You are required to select a lab accredited by Ecology. The lab must be accredited for each analytical method required by the permit for each parameter. Accreditation assures Ecology that the lab is able to do quality testing using the analytical methods specified under

Monitoring Requirements in your permit. To ensure the lab can meet the required detection and reporting limits, send the lab a copy of relevant quantitation levels from Appendix C, highlighting your parameters of interest. You can search for an accredited lab on Ecology’s website1.

Contacting the lab in advance You should contact the lab well ahead of time. They will be providing you with the sampling bottles you’ll need. For some water quality parameters, such as Total Petroleum Hydrocarbons (TPH), it is not only desirable but necessary to collect the sample directly into a specially-cleaned container, so you will need to have bottles from the lab on hand before you sample. You can also ask your lab to send narrow-range pH paper (with a resolution not greater than ± 0.5 SU) along with your sample bottles.

Note that not all facilities are required to collect TPH samples. Page 26 of the permit lists the industrial activities and SIC codes that require TPH sampling. Also, your permit coverage letter contains a sampling summary that will indicate whether TPH sampling is required based on the SIC codes Ecology has on file for your facility. If there is a discrepancy between the permit and your permit coverage letter, the permit takes precedence. Contact Ecology if you have any questions or need to correct an error in your sampling requirements.

1 https://fortress.wa.gov/ecy/laboratorysearch/

Contact the lab well ahead of time.

Typical Sampling Information

Parameter Bottle Type Minimum Sample

Required

Holding Time Preservation

Turbidity 500 ml wide-mouthed poly 100 ml 48 hours Cool to 4 oC

Total Zinc 1 liter (L) bottle cleaned according to protocol 500 ml 6 months

HNO3 to pH<2 Cool to 4 oC

Total Copper 500 ml HDPE Dependent on

the lab 6 months

HNO3 to pH<2 Cool to 4 oC

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Discuss with the lab the analytical methods they will use, as specified in the sample parameter tables included in S5. A and S5. B of the general permit (pages 23 - 25) and shown in Appendix C of this manual. The lab will give you helpful information and explanations that go beyond the scope of this guide. If you must meet effluent limits listed in S5.C, Landfills and Airports Subject to Effluent Limitation Guidelines (pages 25- 27) carefully review them with the lab.

Issues you may want to cover with the lab Confirmation that the lab is accredited for the testing methods the permit requires.

The type and size of bottle that will be supplied for each water quality parameter to be sampled and tested.

How full to fill the bottle.

Any safety concerns with materials supplied by the lab.

What you need to know about preserving your samples: For some tests, a preservative is necessary. The table of Typical Sampling Information (see page 7) provides information for preserving zinc, turbidity, and copper samples−three water quality parameters that must be monitored under the Industrial Stormwater General Permit. Make a note of the parameters for which bottles will have preservative inside. The preservative is a substance that stabilizes certain chemicals at the time of sampling so that a valid test can be done later. It is critical that you use the correct bottles because tests requiring preservative will not be valid without the correct preservative. In some cases, the wrong preservative will interfere with a test. It is important not to lose the preservative that comes in the bottles supplied by the lab, so fill preserved bottles slowly to ensure no overflow occurs resulting in preservative loss. In many cases, the preservatives listed in the table come pre-measured in the sampling bottles. Chemicals have their own scientific notation. Nitric acid for example is HNO3. Temperature is measured in degrees Celsius (ºC). Typical United States thermometers measure temperature in Fahrenheit (F) and 4 ºC is about 39 °F. For your purposes, Cooling to 4 ºC means putting the samples on crushed ice or packed with blue ice in an ice chest so they will be kept just above freezing. Cooling the sample is also a means of preserving it.

The kind of labels the lab will supply for the bottles and how the labels should be filled out. The labels or tags you use to identify the samples you take must be waterproof, and if you write on them, the writing must be waterproof also.

The Chain of Custody (COC) form from the lab and the process to complete these before sampling the first time.

A description of forms or other paperwork to submit to the lab with the samples and how to fill them out.

Whether the lab will supply pH paper, sample bottles, tags, or labels for the bottles, and blank forms.

How bottles and other supplies from the lab will be delivered to you.

The holding times for each water quality parameter to be sampled and tested. A holding time is the maximum time allowed between taking the sample and doing the lab analysis. If you exceed holding time, the sample analysis is not acceptable.

Ask questions – the lab can help.

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How and when you will deliver samples to the lab. Plan with the lab how you will get the samples to them in time to begin analysis before the parameter with the shortest holding time reaches that holding time. The fastest way to deliver samples to the lab may be in person, but it may be possible to ship samples (cooled in an insulated ice-chest) and still meet holding times. Some labs will provide a courier service. If you deliver samples in person, you can pick up bottles and supplies for the next quarter at the same time.

How to read the lab reports for the sample results. Sampling requirements tend to use scientific words and units of measure. Metric units are used to measure weight, volume, and distance. Liquid volumes use liters (L) and milliliters (mL), not quarts and cups. Be aware that some parameters (e.g., zinc and copper) need to be reported on your DMR as µg/L (micrograms per liter), while other parameters need to be reported as mg/L (milligrams per liter). Most labs report concentrations in the same units that need to be reported on the DMR. However, in some cases, you may need to convert from mg/L to µg/L, in order to properly report the correct results on your DMR. For example if a lab were to report total copper values of 0.035 mg/L, you would need to convert from mg/L to µg/L; move the decimal 3 places to the right, and report 35.0 µg/L. Ensure the lab uses data qualifiers (or flags) for data near the method detection limit that are consistent with Appendix B of this document. Be sure to have the lab explain any words or expressions that you do not understand.

Summing data for total values. You will be asked to report total values for organic parameters (total PCBs, PAH compounds, and Northwest Total Petroleum Hydrocarbons (NWTPH-Dx). Ensure you understand the appropriate way to sum and average data that are close to the method detection limit (Appendix B). Work with the lab to help you report summed values.

Deciding how you will take the sample Section S4.B.1(d) on page 19 of the Industrial Stormwater General Permit states that a grab, time-proportionate, or flow- proportionate sample may be taken. A grab sample is a single sample grabbed by filling up a container, either by hand or with the container attached to a pole. It is the simplest type of sample to collect, and it is expected that most permit holders will choose to collect grab samples. Ecology provides standard operating procedures (SOP) for obtaining grab samples (Lowe et al., 2009)2. As we will discuss in the next section, NWTPH (herein called TPH-Dx) samples must be collected as grab samples.

Some permit holders may choose to better represent water quality parameters other than TPH-Dx by collecting time-proportionate or flow-proportionate samples. These samples consist of a number of subsamples taken at intervals rather than a single grab sample. Time-proportionate or flow-proportionate sampling can accurately define pollutant loading during various times of

2 http://www.ecy.wa.gov/programs/eap/qa/Agency/ECY_WQ_SOP_GrabSampling_v1_0ECY001.pdf

Practice sampling before you do the

real thing.

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discharge throughout a storm event and determine whether or not higher pollution is occurring during first flush of the storm.

A time-proportionate sample is one made up of a number of small samples (subsamples) of equal volume collected at regular time intervals combined into a single large sample. A flow-proportionate sample is one made up of a number of subsamples where each subsample is collected in such a way as to represent a given amount of stormwater discharge. Time-proportionate and flow-proportionate samples provide the advantage of including a number of smaller samples (subsamples) in the sample so that the stormwater discharge is better represented than with a grab sample.

Time-proportionate and flow-proportionate samples can be collected either by hand or with automated equipment. Automated equipment can provide unstaffed sample collection outside of normal business hours. Additional information regarding requirements for automated stormwater sampling is available online3. Collecting time-proportionate or flow-proportionate samples by hand is somewhat difficult and collecting them with automated equipment involves additional expenses, such as the installation of a flow meter for automated sampling.

Permittees who collect time-proportionate or flow-proportionate samples (or collect more than one grab sample during a 24-hour period) must calculate and report quarterly averages to Ecology according to Condition S4.B.6.c on page 21 of the permit.

Collecting total petroleum hydrocarbons – diesel fraction (TPH-Dx) samples In addition to the requirement for all permit holders to monitor for a visible oil sheen, the general permit requires that facilities with the following industrial activities and SIC codes collect TPH-Dx samples: Primary Metals (33xx), Metals Mining (10xx), Automobile Salvage and Scrap Recycling (5015 and 5093), Metals Fabricating (34xx), Hazardous Waste Treatment, Storage and Disposal Facilities and Dangerous Waste Recyclers subject to the provisions of Resource Conservation and Recovery Act (RCRA) Subtitle C, Air Transportation (45xx), Transportation (40xx – 44xx, except 4221-4225), and Petroleum Bulk Stations and Terminals (5171). Because of the particular way TPH-Dx samples must be collected, this requirement may govern your overall approach to sampling.

For some parameters other than TPH-Dx, it is possible to sample in difficult situations by filling a container and transferring it to the sample bottle to be sent to the lab. TPH-Dx samples, however, must be collected from the stormwater source directly. The sample cannot be transferred from another container because oil and grease tends to stick to the inside surfaces of containers. Since you must sample directly into the TPH-Dx bottle (grab sample), taking grab

3 http://www.ecy.wa.gov/programs/eap/qa/Agency/ECY_WQ_SOP_AutomatedSampling_v1_0ECY002.pdf

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samples may be the easiest way to collect additional samples for the other parameters. Take samples by collecting stormwater directly from the discharge into the bottles supplied by the lab, filling each bottle one after another.

Because TPH-Dx samples cannot be transferred between containers, a sample cannot be formed from separate grab samples combined together. If more than one TPH-Dx sample is desired from a sampling site during a storm event, additional TPH-Dx grab samples must be collected and analyzed separately.

TPH-Dx samples must be collected directly and not through the tubing of an automatic sampler; therefore, those using automatic

samplers will still have to grab TPH-Dx samples by hand. This is also true for facilities that must sample for fecal coliform. An exception to sampling through tubing is the use of a peristaltic pump to sample below catch basin inserts (see Special Sampling Considerations).

When reporting NWTPH-Dx results, ensure that the lab sums all fractions in the diesel range to give one total value of TPH-Dx. This includes the #2 diesel oil and motor oil fractions which some labs may report as diesel fraction and heavy oil fraction. If your lab reported these fractions separately, you must add them together when you report NWTPH-Dx on your DMR. For more information on NWTPH-Dx see Ecology’s guidance document4. This is a potentially confusing aspect of sampling and reporting, so contact Ecology if you have any questions.

Determining which discharges to sample The first step in selecting sampling points is to consider the areas draining your facility. The site map in your Stormwater Pollution Prevention Plan (SWPPP) will show the drainage areas for each discharge point.

The next step is to determine where the runoff from each drainage area is discharged from your facility. If there are separate drainage areas with separate discharge points, stormwater must be sampled at each discharge point unless the substantially identical discharge point criteria is met, which would allow you to consolidate sample locations.

4 https://fortress.wa.gov/ecy/publications/summarypages/97602.html

TPH-Dx samples must be collected directly into the

bottle you send to the lab.

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Section S4.B.2 on page 19 of the Industrial Stormwater General Permit describes the requirements for selecting sampling points:

S4.B.2. sample location(s) The Permittee shall designate each sampling location at the point where it discharges

stormwater associated with industrial activity off-site.

The Permittee is not required to sample onsite discharges to ground (e.g., infiltration) or sanitary sewer discharges, unless specifically required by Ecology order (Condition G12, page 48).

The Permittee shall sample each distinct point of discharge off-site except as otherwise exempt from monitoring as a substantially identical discharge point per S3.B.5.b (page 18). If applicable, the Permittee is only required to monitor applicable parameters at one of the substantially identical discharge point.

In general, your stormwater discharge samples will be taken where your facility’s stormwater is discharged off-site. If your facility discharges stormwater collected over areas that are used for similar activities and have similar site conditions, and there is reason to believe pollutant types will be similar in such areas, a single sampling point can be used to represent several discharge points.

The Industrial Stormwater General Permit allows you to sample at only one discharge point when multiple discharge points from your facility have similar industrial activities, best management practices (BMPs), exposed materials, and impervious surfaces that could affect stormwater percolation into the ground. Discharge points that have these similar characteristics are called substantially identical discharge points, and you can choose to monitor only one of the substantially identical discharge points rather than all of them.

If your facility has multiple discharge points from areas with different industrial activities, BMPs, exposed materials, or impervious surfaces, the discharge points would not be considered substantially identical, and therefore you would need to sample all of the discharge points. For example, if one portion of the site is used to store raw materials and discharges separately from another portion of the site where vehicle maintenance (e.g., fueling, lubrication, etc.) takes place, the stormwater discharge points would not be substantially identical and both discharge points would need to be sampled.

If you determine that some of your discharge points do not need to be sampled, the Sampling Plan in your SWPPP needs to include documentation for each discharge point not sampled per Condition S4.B.2.c, including:

a) The location of which discharge points the Permittee does not sample because the pollutant concentrations are substantially identical to a discharge point being sampled.

b) General industrial activities conducted in the drainage area of each discharge point.

c) Best management practices conducted in the drainage area of each discharge point.

Take time to get ready for sampling.

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d) Exposed materials located in the drainage area of each discharge point that are likely to be significant contributors of pollutants to stormwater discharges.

e) Impervious surfaces in the drainage area that could affect the percolation of stormwater runoff into the ground (e.g., asphalt, crushed rock, grass).

f) Reasons why the Permittee expects the discharge points to discharge substantially identical effluents.

If you add, remove, or relocate discharge or sample points from your facility, you must notify Ecology by submitting an Industrial Stormwater General Permit Discharge/Sample Point Update Form5. This enables Ecology to update the site-specific information in the Permit and Reporting Information System (PARIS) database so that your DMR data entry screen is accurate. If you have any questions, contact Ecology.

Selecting sampling points Three types of sampling points are usually not too difficult to access and the flow within them tends to be fast enough, with enough turbulence, to allow you to collect well mixed, representative samples. These include:

Pipes discharging your facility’s stormwater off-site. Ditches carrying your facility’s stormwater off-site. Manhole access to storm drains carrying your

facility’s stormwater, so you can lower a sample bottle attached to a pole into the manhole.

In general, manhole access on your property may be simpler and safer than access off property and more readily verifiable as carrying only your facility’s stormwater. Contact the municipality beforehand to discuss sampling from the manhole and associated safety issues, particularly for manholes in areas with vehicular traffic.

In some cases, portions of industrial stormwater runoff leave a site as sheet flow. Specific approaches to sampling of pipes, ditches, manholes, grated storm drains, and sheet flow will be covered in the final section of this guide manual.

Make sure your sampling points will provide for sampling only the stormwater that comes from your facility. If the stormwater in a pipe (storm drain) contains water from other properties, move your sampling point upstream to a point where the flow is from your facility only. If it is not possible to sample only flow from your facility, document the reason for this and provide information concerning the source of the flow you are sampling.

5 https://fortress.wa.gov/ecy/publications/summarypages/ecy070373.html

Manhole access can be a good sample point if it can be

accessed safely from your facility.

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If possible, the stormwater your facility samples must not be a mixture of your facility’s stormwater with other water. Some examples of situations where a sample would be of a mixture of water sources−and where you should not sample−are listed below:

Examples of mixed water sources situations in which you should not sample:

A ditch that carries additional stormwater from properties upstream. In this case, the stormwater from your facility is mixed with other water and you must find a location or locations where only your facility’s stormwater can be sampled.

A stormwater drain or pipe (culvert) discharges to a creek or other receiving water, the pipe being partially submerged where it discharges into the receiving water (outfall). In this case, this final discharge point will not be able to be used as a sampling point because the stormwater flow is mixed with the receiving water.

A manhole to a storm drain that carries stormwater, not only from your facility but also from other stormwater sources. If you are grabbing a sample from a manhole, make sure that the flow in that pipe is entirely from your facility, that the pipe is not submerged or partly submerged and that you are otherwise not prevented from collecting stormwater from your facility only. If you are not sure that a storm drain carries only flow from your facility, the municipality may have storm drain plans to help you determine this.

It is important to sample flow from only your facility if possible, because otherwise it is not representative. In other words, it wouldn’t accurately characterize the stormwater runoff generated at your facility. If you discharge stormwater to a stormwater conveyance system that includes stormwater from other sources, you need to sample before your stormwater commingles with stormwater from other sources. However, if stormwater runs onto your property in an uncontrolled fashion (for example, sheet flow) from adjacent property, into areas of industrial activity on your site so that it becomes a part of the stormwater discharge from your site, it may be necessary to include it in your sample. If you are concerned about this off-site source, you could evaluate the possibility of diverting or otherwise preventing the run-on from commingling with your site’s runoff. If that’s not possible, you probably need to find a better, more representative, sampling location.

It is a good idea to observe the sampling point(s) you have chosen during actual stormwater runoff conditions to see how readily stormwater can be sampled there. Keep in mind that changing tides and flow conditions in receiving waters, including flood stages, may occur during storm events. This may cause a pipe that is discharging your facility’s stormwater to become submerged or partly submerged, preventing you from sampling during some conditions.

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Obtaining supplies for sampling The supplies you will want to have on hand before sampling include:

Sampling bottles from the accredited lab, including a few extra of each type. When needed, a pole to hold sample bottles and filament strapping tape or rubber bands. New powder-free disposable nitrile or latex gloves. These are sold by medical and lab

suppliers. Do not use powdered gloves as the powder may contain metals that could contaminate samples being analyzed for metals such as zinc.

Foul-weather gear. One or more coolers, depending on the number of samples to be stored and transported or

shipped. A bound notebook to serve as a field book for keeping records concerning sampling.

Notebooks with waterproof pages are available for these field notes at office supply stores. The information to be included in the notes will be described in the Keeping Records section of this guide. You may find it helpful to create a standardized form containing the information in this as well.

Planning Just Prior to Stormwater Sampling There are a few things to keep in mind before actually sampling.

Being prepared It is important to assemble everything that will be needed for the sampling event ahead of time because opportunities to sample during storm events often come with little advance notice. Complete the identification tags and Lab Services Required form as far as possible. Place the tags, lab form, field notebook, permanent ink pen, meter, and pH paper in the cooler with the sample bottles. Have resealable plastic bags or other means on hand to keep the pH paper dry. If you are using a turbidity meter or pH meter, be prepared to protect them from the rain. Have foul-weather gear ready and available. It will be necessary to keep sufficient ice onsite or plan to purchase ice that day.

Choosing when to sample The permit requires that you sample the discharge from each designated location at least once per quarter:

1st Quarter = January, February, and March 3rd Quarter = July, August, and September

2nd Quarter = April, May, and June 4th Quarter = October, November, and December

Sample during the first 12 hours of a

stormwater discharge.

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You will need to sample the first fall storm event each year. The permit defines the first fall storm event as the first time after October 1st that precipitation occurs and results in a stormwater discharge from the facility. Note that you are not required to sample storm events that outside of normal business hours or in unsafe conditions. If the first fall storm event occurs outside normal business hours (e.g., weekend), sample the next discharge that occurs during normal business hours.

Collect samples within the first 12 hours of stormwater discharge. If you are not able to collect a sample within the first 12 hours, collect the sample as soon as possible. In the sampling records, keep documentation explaining why you could not collect samples within the first 12 hours.

In some cases, you may be unable to determine when the discharge began (e.g., when arriving at a facility on a Monday morning) and unable to determine if the sample was collected within first 12 hours of discharge. If this occurs, you must record that in their on-site sampling notes.

If your facility receives an accumulation of snow, the snowmelt runoff from the facility could be considered a stormwater discharge for purposes of sampling.

Check weather forecasts Keeping up with the weather forecast and planning so that sampling can be carried out on short notice are the keys to successful sampling.

Local forecasts, including televised satellite and radar images can give an indication of the expected intensity of coming storms. The National Weather Service is an excellent source of information on upcoming storms. It also includes local current radar and satellite images. Their website is: http://www.wrh.noaa.gov/index.php. A number of commercial websites, such as http://www.weather.com/ and http://www.accuweather.com/ also provide weather information and forecasts.

When evaluating a weather forecast, consider indications of expected intensity, for example 90% chance rather than 30% chance and rain rather than showers. In addition to intensity, consider the predicted duration of the storm. It will be very helpful to spend time observing rain events at your site with attention to how rain intensity relates to stormwater discharges from your site, before you begin sampling.

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Once the decision has been made to attempt to sample a storm event, the personnel who will be sampling must be notified and they should prepare to sample. If it does rain, they must be at the sampling sites before stormwater begins discharging so they can document the time of discharge and be ready to sample.

Conducting Sampling at Your Facility After you have selected a storm event and it begins raining, the personnel conducting the sampling must prepare their equipment and go to the sampling site(s). They will be collecting grab samples at the sampling site(s), placing the samples in picnic coolers containing ice, and keeping notes in a field book. Sampling for the first time may require working

out some logistics, but once personnel perform these duties, they will not find future sampling as challenging.

Checklist for sampling Because stormwater sampling is not a daily part of the workload of a facility, it is a good idea to keep a checklist of things to have prepared before sampling and to do during sampling. You can make the checklist by jotting down the things you did for the first sampling event to remember for subsequent sampling events. If necessary, update this checklist based on the experience you gain with each sampling event.

Visible oil sheen, zinc, copper, turbidity, and pH If there is a visible oil sheen at the point of discharge from your facility, that is considered a benchmark exceedance that needs to be reported on your quarterly DMR. A rainbow-colored sheen on the surface of stormwater may indicate the presence of oil. However, not all sheens on the water are oil sheens. Some sheens result from natural processes, such as rotting vegetation or the bacterial breakdown of iron. How do you tell the difference between an oil sheen and a naturally occurring sheen? Try to break up the sheen with a stick. An oil sheen will swirl, elongate, and reform. A sheen resulting from a natural process will typically break up into irregular platelets that do not reform and have a mirror-like appearance.

Take notes. It’s important to write down

your observations.

Have your sampling kit ready to go.

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Turbidity can be measured directly in the field using a handheld meter, or sampled and analyzed in the lab. You must measure pH in the field using either a calibrated pH meter or pH paper rather than sending it to a lab. This is due to the short (15 minute) holding time for pH. You can get pH paper from a

distributor of scientific/lab supplies or through the same lab that will be doing your sample analysis. Zinc, copper, and other parameters required by the permit (other than turbidity and pH) are measured by sending bottled samples to a lab for analysis.

How to fill sample bottles This section and an illustrated appendix at the end of this guide describe how to collect a sample properly. Collecting a grab sample can be as simple as holding a bottle under the stormwater falling from a pipe and filling the bottle properly. Still, the person doing the sampling must use care in applying the principles outlined below so that the sample will be representative of the water being sampled. Additional information regarding grab sampling is available in Ecology’s standard operating procedures (SOPs) for grab sampling online6.

Simple principles of good grab sample collection

Wear new, disposable, powder-free gloves when sampling.

Grab samples with the stormwater entering directly into bottles supplied by your lab. Do not transfer the samples from a container that may not be specifically cleaned for collecting lab samples. Metal contamination of ordinary containers is common and household detergents often contain phosphorus, a tested parameter for some industries. Again, transferring the sample from another container is not an option for TPH-Dx samples under any circumstances.

When holding the sample bottle your lab has provided, keep your hands away from the opening in order to prevent contaminating the sample.

Always hold the bottle with its opening facing upstream (into the flow of water) so that the water enters directly into the bottle and does not first flow over the bottle or your hands.

Sample where the water has a moderate flow and, if possible, some turbulence, so that the stormwater discharge will be well-mixed and the sample will be representative. Sampling in still water should be avoided. Include in your field book a note about the sample location and how briskly the water appears to be moving.

Sample from a central portion of the stormwater flow, avoiding touching the bottom of channels or pipes to avoid stirring up solid particles.

Do not rinse or overfill the bottles. The bottles supplied by your lab for some parameters (e.g., metals and TPH-Dx) will include small amounts of liquid preservative (generally a few

6 http://www.ecy.wa.gov/programs/eap/qa/Agency/ECY_WQ_SOP_GrabSampling_v1_0ECY001.pdf

Get the best sample you can.

You must measure pH in the field.

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drops). Fill the bottle to about ½ inch from the top (not quite full) to ensure that no preservative is lost.

As soon as the sample is collected, cap the bottle and label it. It is important that the bottles are labeled correctly so that the lab will be able to identify samples by sample site and ensure proper preservation for each parameter. It is a good idea to place sample bottles in resealable bags. Place the samples in a picnic cooler partially filled with ice. Plan to maintain ice in the picnic cooler until the samples arrive at the lab. Remember to make certain that the samples will be delivered to the lab soon enough for the lab to meet holding times.

TPH-Dx sampling raises additional concerns: ◊ TPH-Dx sampling requires special attention. TPH-Dx samples must be collected directly

into the sample bottles supplied by the lab because oil and grease floats on water and tends to stick to the sides of containers. Do not rinse the sampling bottles beforehand or pour the sample from another container. Do not fill the bottle completely and do not pour out some of the sample if the bottle is overfilled by mistake. If you do overfill a bottle, use a new bottle instead to collect your sample. Because you only get one try at filling a TPH-Dx bottle, it is a good idea to have plenty of extra bottles on hand.

◊ TPH-Dx samples must be collected as the stormwater falls from a pipe or from a running, turbulent stream of flow when possible so the source will be well mixed. When the samples must be collected from a water surface, the person holding the bottle should plunge the bottle mouth below the surface and then in a sweeping arc bring it upwards through the water surface again. This motion ensures the water surface is broken twice by the mouth of the bottle. When sampling an oil/water separator, collect the sample in the afterbay or just prior to discharge from the separator. Be sure to note in your field book how you collected your samples as this is especially important for the TPH-Dx sample.

Keeping records Section S9 on page 39 of the general permit specifies requirements for reporting and recordkeeping. In order to comply with the requirement that lab reports include sampling date and sampling location, you will need to supply this information to the lab when submitting samples. You can do this by using the sample location as the field station identification on your labels or sample tags.

You should purchase a notebook for use in the field. Water-resistant “rite in the rain” notebooks serve the purpose well.

Section S4.B3 on page 20 of the permit requires that you record Sample Documentation for the following:

a) Sample date.

b) Sample time.

c) A notation describing if the Permittee collected the sample within the first 12 hours of stormwater discharge events.

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d) An explanation of why the Permittee could not collect a sample within the first 12 hours of a stormwater discharge event, if it was not possible; or, if it is unknown (e.g., discharge was occurring during start of regular business hours), an explanation of why the Permittee does not know if a sample was collected within or outside the first 12 hours of stormwater discharge.

e) Sample location (using SWPPP identifying number).

f) Method of sampling and method of sample preservation, if applicable.

g) Name of the individual who performed the sampling.

h) Weather conditions.

Although not required, it would also be beneficial to record the following information:

Weather preceding the sampling event: ◊ How many days/weeks/months since

last significant rainfall. ◊ Estimate of time it began raining. ◊ Estimate of time that discharge

began at the sampling point. ◊ Amount (inches) and/or intensity of

precipitation. ◊ Whether discharge includes ice or

snowmelt runoff.

How you collected the sample, example, from a ditch by hand or from a manhole with the bottles on a pole.

The number and types (parameters) of samples collected.

Field measurement results, such as pH or visible oil sheen.

Any unusual circumstances that may affect the sample results.

Entries in the field book must be made with ink. If you make an error in the field book, cross it out with a single line rather than whiting it out or erasing. Number the pages of the field book consecutively. To ensure that the bound field book is a complete record, do not rip pages from it.

Section S9 in the general permit also requires preservation of laboratory documentation. Along with required information from the laboratories as found in Section S4.B4, your clear and detailed field notes such as date, time, and location of each sample collected are essential for laboratory records.

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Special Sampling Considerations Safety must be the primary consideration in sampling. Samples should never be collected in a way that compromises the safety of the sampler. In cases where there is a physical hazard, such as a trip hazard or when sampling near deep water bodies, samplers should work in pairs. Do not wade in water where it is unsafe to do so (e.g., the estimated depth in feet times the velocity in feet per second is equal to or greater than 8), as swift currents can lead to drowning accidents. Be aware of the slip hazard common near the banks of water bodies and decide whether a bank is too steep to negotiate safely. Safety comes down to individual judgment.

Never put yourself in a position you consider to be unsafe. Samples can be collected easily in some locations, but not all stormwater discharges are as readily sampled as the flow in a ditch or from a pipe falling into a receiving water. Below are some situations you may encounter and suggested approaches for handling them. We focus mainly on methods for collecting samples directly by hand or with a bottle attached to a pole. When sampling in these or other situations, keep in mind the steps outlined in the section, How to Fill Sample Bottles. Additional information is available in Ecology’s standard operating procedures (SOPs) for stormwater sampling available online7.

Sampling stormwater discharges from a pipe into a receiving water If stormwater is being discharged from your facility through a pipe into a ditch, creek, or other receiving water, it can be readily sampled as it falls from the pipe before it reaches the receiving water if the discharge pipe is safely accessible and not submerged. Hold the bottles with the bottle opening facing upstream into the flow and be sure not to overfill them. You may need to fasten the collection bottles to a pole to reach the pipe. Attaching a bottle to a pole is described in the section below, Sampling from a Manhole and shown in Appendix A.

Sampling from a manhole When sampling from the manhole of a municipal storm drain, remember to contact the municipality beforehand. Be sure to discuss safety concerns when talking to the municipality about sampling. Open a manhole with a hook or pick axe, exercising care not to drop the manhole cover on hands or feet. Do not, under any circumstances, enter the manhole unless trained to safely enter confined spaces, but you can sample the flow in a manhole from above ground by taping the sampling bottles, one at a time, to a pole and lowering the pole into the manhole (see photos in Appendix A).

7 http://www.ecy.wa.gov/programs/eap/quality.html

Don’t take risks. Know how to sample safely.

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Each bottle can be fastened to the pole by holding the bottle against it and wrapping tape tightly around the bottom and the top of the bottle as you hold the bottle firmly to the pole. Filament strapping tape works well for this purpose as it is waterproof and strong. Rubber bands and zip-ties are also a possibility. Commercially available sampling extension poles are also available from a number of suppliers and relatively inexpensive.

If the flow in the storm drain is shallow, the bottle may have to be positioned horizontally with the bottle’s opening somewhat higher than its bottom. When sampling in a manhole, be careful not to scrape the bottle against the sides of the pipe to avoid picking up extra solids in your sample.

Collecting into bottles for TPH samples with a pole is done by plunging the bottle on the pole below the water surface and back upwards. This must be done as a single motion and only once. Because you only get one try at getting a good TPH grab sample, it may take some practice and extra bottles to collect the amount of sample you need without overfilling the bottle.

Collecting samples, other than TPH, into bottles with preservative can be done by quickly plunging the pole into the flow repeating if necessary until the bottle is most but not all of the way full. If you overfill the bottle, remove it, tape a clean bottle to the pole, and try again. When collecting samples with a pole, be sure to follow clean principles by keeping the pole downstream of the bottle while sampling.

Sampling from a storm drain with a filter or insert When sampling a storm drain or catch basin that has been retrofitted with a stormwater insert or filter, the goal is to get a sample that represents post-filter stormwater. There are 3 possible scenarios for sampling, in order of preference:

1. Use an available sample port or access point in the conveyance line after the filter but prior to discharge or mixing with stormwater from other sites.

2. If the insert or filter has a sample port or overflow port, remove the grate, reach through the port and collect the sample of water flowing through the insert or filter.

3. If the insert or filter is situated above a sump, use a pole or tubing to access the water while taking care not to disturb accumulated solids. Make sure the sump is collecting water only from your site. Using tubing with a peristaltic pump is permitted; however, if TPH-Dx is being sampled ensure that the tubing is Teflon–lined. All tubing should be purged using 3 times the tubing volume prior to sampling.

When sampling from a manhole, use a pole to safely sample from above ground. Avoid touching the sides of the manhole or pipes with the bottle to prevent contamination. Place the opening of the bottle upstream so that the flow enters the bottle directly.

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Make every attempt to avoid disturbing the filtration device. But if this must be done to access a sampling location, allow sufficient time for any disturbance of solids or material around the grate or device to settle or wash away (e.g., 10 minutes). This may apply if you have a series of catch basins on-site and are sampling the last in the series prior to discharge; if so, you may want to remove the grate and filter for ease of access.

Sampling from a drainage ditch or swale If a drainage ditch carries stormwater flow from your facility offsite, and if it carries no flow other than the flow from your facility, you can sample the water in the ditch simply by placing the bottle where the stormwater is freely flowing, with the bottle opening facing upstream. If you cannot reach a freely flowing portion of the ditch by hand, you may need to attach the bottles, one at a time, to a pole for sampling. Follow the procedure outlined in the section, How to Fill Sample Bottles.

If the flow is carried in a small ditch or swale, you can install a barrier device in the channel or deepen a small area so you can gain enough depth of flow to sample directly into the bottles. Make sure to allow for sufficient time after disturbing the bottom so that the solids resulting from muddying the water will not become part of your sample.

Schematic figure of a catch basin insert with an overflow opening that could be used for sampling (King County, 2009).

Simple filter fabric fitted over a catch basin grate (King County, 2009).

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Sampling sheet flow It is not always possible to sample stormwater runoff in locations such as ditches or pipes where the flow is concentrated. Sometimes the permittee has no choice but to select sample locations for which sheet flow is sampled before it becomes concentrated. Approaches to sampling sheet flow are described below and illustrated in the figures that follow.

In some cases, a stormwater discharge from a facility is not concentrated at any point and leaves the property in the form of sheet flow as it runs off a work area or driveway or grassy area. In this case the flow may be too shallow for the collection bottle to be filled with sample. It is often possible to find a way to collect the stormwater runoff in these situations.

One way to concentrate sheet flow is to install a barrier device or trough, gutter, strip drain/trench drain, or ditch to intercept and concentrate stormwater flow. As with other sample sites, the flow should be moving and somewhat turbulent so the samples will be well-mixed. Be sure that any excavation you do does not expose the stormwater to be sampled to newly worked soil surfaces that the runoff may erode, increasing the solids in your samples. You may want to consider lining the trough, gutter, or ditch with plastic or PVC. Be sure not to introduce materials such as metals that include zinc that may contaminate the samples. Sheet flow on paved areas can be concentrated and collected by constructing small bumps, similar to speed bumps.

Another way to collect samples from sheet flow is to use a special peristaltic hand pump to pump samples from shallow surface flows. If being used to collect TPH samples, ensure the tubing is Teflon-lined.

An additional resource for guidance on sampling sheet flow can be found on the Minnesota Pollution Control Agency website8. There is a YouTube video and guidance document detailing the use of a plastic bag to collect and sample sheet flow. It should be noted that the use of plastic could affect the collection of organics samples, so this technique must be described in field notes if it is used.

Roger Bannerman of the Wisconsin Department of Natural Resources has developed simple devices to grab samples of sheet flow from paved areas, rooftops, and lawns (Bannerman et al., 1993). Though the devices are intended to be used for simple, automatic sampling or for pouring a container of collected sample into other sample bottles, the ways in which the devices intercept and concentrate flows can be adopted for direct grab sampling.

8 http://www.pca.state.mn.us/index.php/water/water-types-and-programs/stormwater/industrial-stormwater/industrial-stormwater-steps-to-compliance/industrial-stormwater-steps-to-compliance-step-9-inspect-monthly-report-annually.html

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The following figures illustrate the methods of sampling sheet flow discussed above:

Sampling from a stormwater detention pond or other BMP When stormwater from a facility discharges after flowing through a detention pond or other treatment system, sample as the stormwater flows out at the discharge point. Ponds may hold stormwater for a time before discharge begins. Attempt to sample within the first 12 hours from when the pond begins to discharge, and follow the previous guidance when that is not possible, or it is unknown.

Deepening an existing ditch can allow samples to be collected directly into bottles in some cases. Be careful not to stir up solids from the sides or bottom of the ditch.

Overland flow from vegetated areas can be sampled by constructing a shallow ditch to intercept the runoff and a deepened area to place bottles to catch the runoff.

Overland flow on paved areas can be sampled by constructing asphalt or concrete bumps to collect and concentrate the flow. A box positioned below ground surface in the paved area or the edge of an unpaved area can provide a place to collect samples directly into bottles. Note that dirt and other debris can often build up along the bumps and in the “V”, so you may want to clean the area prior to taking the sample. Runoff entering a catch basin can sometimes be collected

directly into bottles by removing the grate and allowing the runoff to fall into the bottles.

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Sampling storm drain solids Beginning in 2015, facilities that discharge to a Puget Sound Sediment Cleanup Site, either directly or indirectly through a stormwater drainage system, must sample their storm drain solids for a list of physical and chemical parameters. At least once prior to October 1, 2016, facilities must collect and sample storm drain solids from a representative catch basin, sump, pipe, or other feature within the storm drain system that corresponds to the discharge point(s) where Total Suspended Solid (TSS) samples are collected per Condition S6.C.1 (pages 29-30).

Similar to sampling stormwater runoff, the most appropriate location and method for the collection of storm drain solids will depend on the site. Solids must be collected from within the storm drain system as outlined under the permit section S6.C.2 (pages 31-34). The recommended method to collect samples of storm drain solids is a grab or composite of catch basin, sump, or conveyance line accumulations. Sampling the forebay of an oil-water separator can also be used to characterize stormwater solids. The necessary parameters and procedures for analysis of solids are found in Table 8 of the permit (Condition S6.C.2.e (pages 32-34).

A description of materials and estimated volume of sample necessary for analysis can be found in the Storm Drain Solids Sampling table below. Materials that are necessary include: latex or nitrile gloves, labeled lab-supplied glass and plastic jars, stainless steel spoon and bowl (organics samples), and thick plastic spoon and bowl (metals and conventionals sample). Spoons and bowls must be cleaned with soap prior to use and in between samples. If possible stainless steel equipment should be rinsed with solvent (hexane) and wrapped in aluminum foil prior to use. Solvents must only be used if the appropriate safety considerations can be met (i.e., appropriate storage of solvent, proper ventilation, and disposal of waste solvent).

Storm Drain Solids Sampling

Parameter group Individual parameters Mixing bowl and spoon

Cleaning the bowl

Estimated volume of sample

Conventionals Percent total solids, total organic carbon, and grain size

Plastic or stainless steel Soap

~ 250ml (8 oz) glass or plastic jar for each individual parameter

Metals

Antimony, arsenic, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, silver,

thallium, and zinc

Plastic Soap 1 – 250ml (8 oz) glass jar

Organics PAHs, PCBs, and TPH-Dx Stainless steel Soap and solvent

~ 250ml (8 oz) glass jar w/ Teflon lined

cap for each individual parameter

Catch basin solid grab samples do not need to be sampled during a storm, in fact they should be collected following storms when there is little water overlying the solids in the catch basin, sump or area of accumulation in the conveyance line. If there is overlying water, siphon or pump the water off without disturbing the solids; leave a thin layer of water intact.

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Wearing gloves, sample the area of accumulated solids, using the spoons, and collect them in the bowls. Sample a representative portion of the solids in the area of accumulation (i.e., dig below surface if there are a few inches of accumulation) and enough to fill the required jars. Mix and blend the sample in the bowl and fill the required sample jars for all parameters. Metals sample jars should be filled from the plastic bowl and organics sample jars from the stainless steel bowl. Document the field conditions and appearance of the sample. Pack the samples in a Ziploc bag; put on ice, in a cooler, and send to the lab for analysis.

If there are no spots of solids accumulation in the storm drain system, consider using in-line storm drain solids traps. Further guidance on in-line solids traps can be found elsewhere (Lubliner, 2012)9. Contact Ecology if you have any questions concerning sampling in-line storm drain solids.

Under section S6.C.2.f of the general permit, all storm drain solids sampling data shall be reported to Ecology on a Solids Monitoring Report (SMR) along with a copy of the laboratory report. Make sure all required and recommended information as listed above is recorded in field notes and on laboratory documents. There can be variability among the samples collected using different methods, so it is important to document exactly how and where the sample was collected.

Ecology Wants to Hear from You If you have suggestions on how Ecology can improve this guidance document, if you have developed innovative sampling techniques, or if you just want to comment on stormwater sampling, contact:

Jeff Killelea Water Quality Specialist (360) 407-6127 [email protected]

9 https://fortress.wa.gov/ecy/publications/summarypages/1203053.html

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References Bannerman, R.T., D.W. Owens, R.B. Dodds, and N.J. Hornewer, 1993. Sources of Pollutants in Wisconsin Stormwater, Wat. Sci. Tech. Vol. 28. No. 3-5, pp 241-259.

Ecology, 2015. The Industrial Stormwater General Permit: A National Pollutant Discharge Elimination System and State Waste Discharge General Permit for Stormwater Discharges Associated with Industrial Activities. State of Washington Department of Ecology, January 2, 2015.

King County, 2009. King County, Washington Surface Water Design Manual. King County Department of Natural Resources and Parks. http://www.kingcounty.gov/environment/water-and-land/stormwater/documents/surface-water-design-manual.aspx. Accessed 10/12/15.

Lowe, J., D. deLeon, J. Collins, D. Turner, R. Hoover, and S. Book, 2009. Standard Operating Procedure for Collecting Grab Samples from Stormwater Discharges. Washington State Department of Ecology, Olympia, WA. SOP Number EAP079. www.ecy.wa.gov/programs/eap/quality.html

Lubliner, B., 2012. Evaluation of Stormwater Suspended Particulate Matter Samplers. Washington State Department of Ecology. Olympia, WA. Publication No. 12-03-053. https://fortress.wa.gov/ecy/publications/summarypages/1203053.html.

US Environmental Protection Agency, 2007. Report of the Federal Advisory Committee on Detection and Quantitation Approaches and Uses in Clean Water Act Programs. US EPA, Washington D.C. Accessed at: http://water.epa.gov/scitech/methods/cwa/det/upload/final-report-200712.pdf

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Glossary, Acronyms, and Abbreviations

Glossary

303(d)-listed water body: Water body as listed as Category 5 on Washington State's Water Quality Assessment.

Average: Arithmetic mean, which is equal to the sum of the measurements divided by the number of measurements.

Best Management Practices (BMPs - general definition): Schedules of activities, prohibitions of practices, maintenance procedures, and other physical, structural and/or managerial practices to prevent or reduce the pollution of waters of the state. BMPs include treatment systems, operating procedures, and practices to control: facility site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. In the permit BMPs are further categorized as operational source control, structural source control, erosion and sediment control, and treatment BMPs.

Benchmark: A pollutant concentration used as a permit threshold, below which a pollutant is considered unlikely to cause a water quality violation, and above which it may. When pollutant concentrations exceed benchmarks, corrective action requirements take effect. Benchmark values are not water quality standards and are not numeric effluent limitations; they are indicator values.

Daily Average: The average measurement of the pollutant throughout a period of 24 consecutive hours starting at 12:01 A.M. and ending at the following 12:00 P.M. (midnight).

Detention: The temporary storage of stormwater to improve quality and/or to reduce the mass flow rate of discharge.

Discharge [of a pollutant]: Any addition of any pollutant or combination of pollutants to waters of the United States from any point source. This definition includes additions of pollutants into waters of the United States from: surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

Discharge point: The location where a discharge leaves the Permittee’s facility. Discharge point also includes the location where a discharge enters the ground on-site (e.g., infiltration BMP).

Discharger: An owner or operator of any facility or activity subject to regulation under Chapter 90.48 RCW or the Federal Clean Water Act.

Facility: Any source (including land or appurtenances thereto) that is subject to regulation under the permit. See Special Condition S1.

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First fall storm event: The first time on or after October 1st of each year that precipitation occurs and results in a stormwater discharge from a facility. This storm event tends to wash off and discharge pollutants that accumulate during the preceding dry months.

General Permit: A permit which covers multiple dischargers of a point source category within a designated geographical area, in lieu of individual permits being issued to each discharger.

Groundwater: Water in a saturated zone or stratum beneath the land surface or a surface water body.

Industrial Activity: (1) The 10 categories of industrial activities identified in 40 CFR 122.26(b)(14)(i-ix and xi), (2) any facility conducting any activities described in Table 1, or (3) any facility identified by Ecology as a significant contributor of pollutants.

Landfill: An area of land or an excavation in which wastes are placed for permanent disposal, and which is not a land application site, surface impoundment, injection well, or waste pile.

Municipality: A political unit such as a city, town, or county; incorporated for local self- government.

Outfall: The point where a discharge from a facility enters a receiving water body or receiving waters.

Pollutant: The discharge of any of the following to waters of the state: dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, domestic sewage sludge (biosolids), munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste. This term does not include sewage from vessels within the meaning of section 312 of the Federal Water Pollution Control Act (FWPCA) nor does it include dredged or fill material discharged in accordance with a permit issued under section 404 of the FWPCA.

Pollution: Contamination or other alteration of the physical, chemical, or biological properties of waters of the state; including change in temperature, taste, color, turbidity, or odor of the waters; or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare; or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals, birds, fish, or other aquatic life.

Puget Sound Sediment Cleanup Site: Category 4B (Sediment) portions of Budd Inlet (Inner), Commencement Bay (Inner), Commencement Bay (Outer), Dalco Passage and East Passage, Duwamish Waterway (including East and West Waterway), Eagle Harbor, Elliot Bay, Hood Canal (North), Liberty Bay, Rosario Strait, Sinclair Inlet, and Thea Foss Waterway; Category 5 (Sediment) portions of the Duwamish Waterway (including East and West Waterway), and Port Gardner and Inner Everett Harbor; and Port Angeles Harbor sediment cleanup area, as mapped on Ecology’s Industrial Stormwater General Permit (ISGP) website. All references to Category 4B and 5 pertain to the 2012 EPA-approved Water Quality Assessment.

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Quantitation Level (QL) also known as Minimum Level of Quantitation (ML): The lowest level at which the entire analytical system must give a recognizable signal and acceptable calibration point for the analyte. It is equivalent to the concentration of the lowest calibration standard, assuming that all method-specified sample weights, volumes, and cleanup procedures have been employed.

Regular Business Hours: Those timeframes when the facility is engaged in its primary production process, but does not include additional shifts or weekends when partial staffing is at the site primarily for maintenance and incidental production activities. Regular business hours do not include periods of time that the facility is inactive and unstaffed.

Representative [sample]: A sample of the discharge that accurately characterizes stormwater runoff generated in the designated drainage area of the facility.

Runoff: That portion of rainfall or snowmelt water not absorbed into the ground that becomes surface flow.

Sanitary Sewer: A sewer which is designed to convey domestic wastewater.

Sediment: The fragmented material that originates from the weathering and erosion of rocks, unconsolidated deposits, or unpaved yards, and is transported by, suspended in, or deposited by water.

Standard Industrial Classification (SIC): The statistical classification standard underlying all establishment-based federal economic statistics classified by industry as reported in the 1987 SIC Manual by the Office of Management and Budget.

Stormwater: That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a stormwater drainage system into a defined surface water body, or a constructed infiltration facility.

Stormwater Drainage System: Constructed and natural features that function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate or divert stormwater.

Stormwater Pollution Prevention Plan (SWPPP): A documented plan to implement measures to identify, prevent, and control the contamination of point source discharges of stormwater.

Substantially Identical Discharge Point: A discharge point that shares the following characteristics with another discharge point: (1) the same general industrial activities conducted in the drainage area of the discharge point, (2) the same Best Management Practices conducted in the drainage area of the discharge point, (3) the same type of exposed materials located in the drainage area of the discharge point that are likely to be significant contributors of pollutants to stormwater discharges, and (4) the same type of impervious surfaces in the drainage area that could affect the percolation of stormwater runoff into the ground (e.g., asphalt, crushed rock, grass).

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Unstaffed: The facility has no assigned staff. A site may be unstaffed even when security personnel are present, provided that pollutant generating activities are not included in their duties.

Vehicle: A motor-driven conveyance that transports people or freight, such as an automobile, truck, train, or airplane.

Vehicle Maintenance: The rehabilitation, mechanical repairing, painting, fueling, and/or lubricating of a motor-driven conveyance that transports people or freight, such as an automobile, truck, train, or airplane.

Acronyms and Abbreviations

BMP Best management practice DMR Discharge Monitoring Report Ecology Washington State Department of Ecology EPA U.S. Environmental Protection Agency FWPCA Federal Water Pollution Control Act ISGP Industrial Stormwater General Permit ML Minimum level of quantitation N Nitrogen NWTPH-Dx Northwest Total Petroleum Hydrocarbons – Diesel fraction PAHs Polycyclic aromatic hydrocarbons PCBs Polychlorinated biphenyls QL Quantitation level SIC Standard Industrial Classification SWPPP Stormwater Pollution Prevention Plan TPH Total Petroleum Hydrocarbon

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Appendices

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Appendix A - Proper and Improper Methods of Sampling

DO always wear gloves when taking.

DO NOT touch openings of bottles. Keep bottles clean to prevent contamination.

DO NOT sample in stagnant areas with little flow. DO NOT stir up bottom sediments or allow foreign materials to enter the sample bottle. (DO be careful to grab a clean sample in cases where stormwater runoff is shallow.) If the runoff is so shallow that it is not possible to sample without the sample being contaminated in the process, then find an alternative way to sample.

DO NOT allow bottle lids to touch ground. Keep lids clean to prevent contamination.

DO attach a bottle to a pole for sampling in manholes or when a hand sample would be in stagnant water. A boathook is used in this example and the bottle is attached to it with filament strapping tape.

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If the water is too shallow to sample with the bottle upright on the pole, try taping it on sideways, but tilted up slightly.

DO NOT sample with the bottle opening facing downstream, when using a pole or sampling by hand. Water flowing past your container, pole, or hand and into the container can be contaminated by such contact.

DO sample with the opening of the bottle facing upstream, into the flow so the water will enter directly into the bottle. This is true when sampling either by hand or with a pole. DO sample water that is rapidly flowing rather than stagnant.

DO NOT allow water to overfill the bottle, particularly not for sample bottles with preservative. TPH samples must be collected from water falling into the bottle when possible, or otherwise in a single swoop.

DO collect samples without overfilling the bottles.

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Appendix B - Guidance on Results near Lab Detection Limits Water quality criteria and permit limits based on those criteria may be set at very low concentrations. Lab methods approved for use in National Pollutant Discharge Elimination System (NPDES) permitting are sometimes not capable of measuring chemical concentrations at these low levels. Labs use many different terms to describe these levels. Ecology’s Water Quality program uses the following terms for NPDES permitting.

Detection Limit (DL): the minimum concentration of an analyte (substance) that can be measured and reported with a 99% confidence that the analyte concentration is greater than zero as determined by the procedure given in 40 CFR part 136, Appendix B of the Clean Water Act (amended in 1977).

Quantitation Limit (QL): the smallest detectable concentration of analyte greater than the detection level (DL) where the accuracy (precision & bias) achieves the objectives of the intended purpose (US EPA, 2007).

Reporting using WQWebDMR

Currently the Construction Stormwater general permit and the Industrial Stormwater general permit require permittees to submit Discharge Monitoring Reports (DMR) electronically using WQWebDMR with some limited exceptions. As Ecology reissues both general and individual permits, it is including permit conditions requiring the use of WebDMR. To obtain an exception under the stormwater permits, the permittee must apply for a waiver. See Ecology’s Water Quality Stormwater Permits webpage for more details: http://www.ecy.wa.gov/programs/wq/stormwater/index.html.

Below is some guidance for reporting analytical values on a DMR. If a permit or DMR conflicts with this guidance, follow the instructions in the permit or DMR.

Report single analytical values below detection as less than the detection level (DL) by entering < followed by the numeric value of the DL (e.g. < 2.0) on the DMR.

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Report single analytical values between the DL and QL by entering the estimated value, the qualifier for estimated value/below quantitation level (J) and any additional information in the comments. Submit a copy of the lab report as an attachment to the DMR.

Report single analytical values above the QL by entering the numeric value.

Calculate average values (unless otherwise specified in a permit) using: ◊ The reported numeric value for those parameters measured above the QL or between the

DL and QL. ◊ One-half the DL (for values reported below the DL) if the lab detected the parameter in

another sample from the same monitoring point for the reporting period. ◊ Zero (for values reported below the DL) if the lab did not detect the parameter in another

sample for the reporting period.

Calculate total values (e.g., Total PCBs, TPH-Dx) (unless otherwise specified in a permit) using:

The reported numeric value for all individual compounds or isomers measured above the QL or between the DL and QL.

One-half the DL (for values reported below the DL) if the lab detected the individual compound or isomer in another sample from the same monitoring point for the reporting period.

Zero (for values reported below the DL) if the lab did not detect the individual compound or isomer in another sample for the reporting period.

If all individual compounds or isomers in the sample were not detected, report less than the detection level (DL) by entering < followed by the numeric value of the highest individual DL (e.g. < 2.0) on the DMR.

For all analytical values reported, if the method used did not meet the minimum DL and QL identified in the permit, report the actual DL and QL in the comments or in the location provided.

When dilutions are performed in the analysis, report the adjusted DL and QL as appropriate. Submit a copy of the lab report as an attachment to the DMR.

When required, lab reports must provide the following information: date sampled, sample location, date of analysis, parameter name, CAS number, analytical method/number, DL, QL, reporting units, and concentration detected. The lab report must also include information on the chain of custody, Quality Assurance/Quality Control (QA/QC) results, and documentation of accreditation for the parameter.

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Appendix C - Tables from the Industrial Stormwater General Permit Table 2: Benchmarks and Sampling Requirements Applicable to All Facilities

Parameter Units Benchmark

Value Analytical

Method

Laboratory Quantitation

Level a

Minimum Sampling

Frequency b

Turbidity NTU 25 EPA 180.1 0.5 1/quarter

pH Standard units Between 5.0 – 9.0 Meter/paper c ±0.5 1/quarter

Oil Sheen Yes/No No visible oil sheen N/A N/A 1/quarter

Copper, Total µg/L Western WA: 14 Eastern WA: 32 EPA 200.8 2.0 1/quarter

Zinc, Total µg/L 117 EPA 200.8 2.5 1/quarter

a. The Permittee shall ensure laboratory results comply with the quantitation level (QL) specified in the table. However, if an alternate method from 40 CFR Part 136 is sufficient to produce measurable results in the sample, the Permittee may use that method for analysis. Any Permittee using an alternative method must report the test method and QL on the DMR. If the Permittee is unable to obtain the required QL due to matrix effects, the Permittee must report the matrix-specific method detection level (MDL) and QL on the DMR. b. 1/quarter means at least one sample taken each quarter, year-round. c. Permittees shall use either a calibrated pH meter or narrow-range pH indicator paper with a resolution not greater than ± 0.5 SU.

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Table 3: Additional Benchmarks and Sampling Requirements Applicable to Specific Industries.

Parameter Units Benchmark Value

Analytical Method

Laboratory Quantitation

Level a

Minimum Sampling

Frequency b 1. Chemical and Allied Products (28xx), Food and Kindred Products (20xx) Biological Oxygen Demand (BOD) mg/L 30 SM 5210B 2 1/quarter

Nitrate + Nitrite Nitrogen, as N mg/L 0.68 SM 4500; NO3-E/F/H 0.1 1/quarter

Phosphorus, Total mg/L 2.0 EPA 365.1 0.1 1/quarter 2. Primary Metals (33xx), Metals Mining (10xx), Automobile Salvage and Scrap Recycling (5015 and 5093), Metals Fabricating (34xx) Lead, Total µg/L 81.6 EPA 200.8 0.5 1/quarter Petroleum Hydrocarbons (Diesel Fraction) mg/L 10 NWTPH-Dx 0.1 1/quarter 3. Hazardous Waste Treatment, Storage and Disposal Facilities and Dangerous Waste Recyclers subject to the provisions of Resource Conservation and Recovery Act (RCRA) Subtitle C Chemical Oxygen Demand (COD) mg/L 120 SM 5220-D 10 1/quarter Total Ammonia (as N) mg/L 2.1 SM 4500; NH3-GH 0.3 1/quarter Total Suspended Solids (TSS) mg/L 100 SM 2540-D 5 1/quarter Arsenic, Total µg/L 150 EPA 200.8 0.5 1/quarter Cadmium, Total µg/L 2.1 EPA 200.8 0.25 1/quarter Cyanide, Total µg/L 22 EPA 335.4 10 1/quarter Lead, Total µg/L 81.6 EPA 200.8 0.5 1/quarter Magnesium, Total µg/L 64 EPA 200.8 50 1/quarter Mercury, Total µg/L 1.4 EPA 1631E 0.0005 1/quarter Selenium, Total µg/L 5.0 EPA 200.8 1.0 1/quarter Silver, Total µg/L 3.8 EPA 200.8 0.2 1/quarter Petroleum Hydrocarbons (Diesel Fraction) mg/L 10 NWTPH-Dx 0.1 1/quarter 4. Air Transportation (45xx) c Total Ammonia (as N) mg/L 2.1 SM 4500; NH3-GH 0.3 1/quarter Biological Oxygen Demand (BOD) mg/L 30 SM 5210B 2 1/quarter Chemical Oxygen Demand (COD) mg/L 120 SM 5220-D 10 1/quarter

Nitrate + Nitrite Nitrogen, as N mg/L 0.68 SM 4500; NO3-E/F/H 0.1 1/quarter

Petroleum Hydrocarbons (Diesel Fraction) mg/L 10 NWTPH-Dx 0.1 1/quarter 5. Timber Product Industry (24xx), Paper and Allied Products (26xx) Chemical Oxygen Demand (COD) mg/L 120 SM 5220-D 10 1/quarter Total Suspended Solids (TSS) mg/L 100 SM 2540-D 5 1/quarter 6. Transportation (40xx – 44xx, except 4221-25), Petroleum Bulk Stations and Terminals (5171) Petroleum Hydrocarbons (Diesel Fraction) mg/L 10 NWTPH-Dx 0.1 1/quarter

a. The Permittee shall ensure laboratory results comply with the quantitation level (QL) specified in the table. However, if an alternate method from 40 CFR Part 136 is sufficient to produce measurable results in the sample, the Permittee may use that method for analysis. Any Permittee using an alternative method must report the test method and QL on the DMR. If the Permittee is unable to obtain the required QL due to matrix effects, the Permittee must report the matrix-specific method detection level (MDL) and QL on the DMR. b. 1/quarter means at least one sample taken each quarter, year-round. c. For airports where a single Permittee, or a combination of permitted facilities use more than 100,000 gallons of glycol-based deicing chemicals and/or 100 tons or more of urea on an average annual basis, monitor these additional five parameters in those discharge points that collect runoff from areas where deicing activities occur (SIC 4512-4581).

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Table 5: Effluent Limit Applicable to Airports Subject to 40 CFR Part 449.

Parameter Units Benchmark Value a

Analytical Method b

Laboratory Quantitation

Level c

Minimum Sampling

Frequency d

Total Ammonia (as N) mg/L 14.7 SM 4500; NH3-GH 0.3 1/quarter

a. Maximum daily effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a calendar day. The daily discharge is the average measurement of the pollutant over the day. b. Or other equivalent EPA-approved method with the same or lower quantitation level. c. The Permittee shall ensure laboratory results comply with the quantitation level (QL) specified in the table. However, if an alternate method from 40 CFR Part 136 is sufficient to produce measurable results in the sample, the Permittee may use that method for analysis. Any Permittee using an alternative method must report the test method and QL on the DMR. If the Permittee is unable to obtain the required QL due to matrix effects, the Permittee must report the matrix-specific method detection level (MDL) and QL on the DMR. d. 1/quarter means at least one sample taken each quarter, year-round.

Table 7: Benchmarks and Sampling Requirements Applicable to Discharges to Puget Sound Sediment Cleanup Sites that are not Category 5 for Sediment Quality.

Parameter Units Benchmark Value a

Analytical Method

Laboratory Quantitation

Level b

Minimum Sampling

Frequency c

Total Suspended Solids (TSS) mg/L 30 SM 2540-D 5 1/quarter

a. Permittees sampling more than once per quarter shall average the sample results and compare the average value to the benchmark to determine if it the discharge has exceeded the benchmark value. However, if Permittees collect more than one sample during a 24-hour period, they must first calculate the daily average of the individual grab sample results collected during that 24-hour period; then use the daily average to calculate a quarterly average. b. The Permittee shall ensure laboratory results comply with the quantitation level (QL) specified in the table. However, if an alternate method from 40 CFR Part 136 is sufficient to produce measurable results in the sample, the Permittee may use that method for analysis. Any Permittee using an alternative method must report the test method and QL on the DMR. If the Permittee is unable to obtain the required QL due to matrix effects, the Permittee must report the matrix-specific method detection level (MDL) and QL on the DMR. c. 1/quarter means at least one sample taken each quarter, year-round.

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Table 8: Sampling and Analytical Procedures for Storm Drain Solids.

Analyte Method in Solids Quantitation

Levela

Conventional Parameters

Percent total solids SM 2540G, or ASTM Method D 2216 N/A

Total organic carbon Puget Sound Estuary Protocols (PSEP 1997), or EPA 9060 0.1%

Grain size Ecology Method Sieve and Pipette (ASTM 1997), ASTMD422,

or PSEP 1986/2003 N/A

Metals

Antimony, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.2 mg/kg dw

Arsenic, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.1 mg/kg dw

Beryllium, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.2 mg/kg dw

Cadmium, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.2 mg/kg dw

Chromium, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.5 mg/kg dw

Copper, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.2 mg/kg dw

Lead, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.2 mg/kg dw

Mercury, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.005 mg/kg dw

Nickel, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.1 mg/kg dw

Selenium, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.5 mg/kg dw

Silver, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.1 mg/kg dw

Thallium, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 0.2 mg/kg dw

Zinc, Total EPA Method 200.8 (ICP/MS), EPA Method 6010, or EPA Method 6020 5.0 mg/kg dw

Organics

PAH compoundsc EPA Method 8270D 70 µg/kg dw

PCBs (aroclors), Totald EPA Method 8082 10 µg/kg dw

Petroleum Hydrocarbons

NWTPH-Dx NWTPH-Dx 25.0-100 mg/kg dw

a. The Permittee shall ensure laboratory results comply with the quantitation level (QL) specified in the table. However, if an alternate method is sufficient to produce measurable results in the sample, the Permittee may use that method for analysis. Any Permittee using an alternative method must report the test method and QL on S6.C.2.f the sediment monitoring report. All results shall be reported. For values below the QL, or where a QL is not specified, report results at the method detection level (MDL) from the lab and the qualifier of “U” for undetected at that concentration. If the Permittee is unable to obtain the required QL due to matrix effects, the Permittee must report the matrix-specific MDL and QL on the DMR. b. dw = dry weight. c. PAH compounds include: 1-methylnaphthalene, 2-methylnaphthalene, 2-chloronaphthalene, acenaphthylene, acenaphthene, anthracene, benzo(a)anthracene, benzo(a)pyrene, benzo(b, k)fluoranthene, benzo(ghi)perylene, dibenzo(a,h)anthracene, dibenzofuran, carbazole, chrysene, fluoranthene, fluorene, indeno(1,2,3-cd)pyrene, naphthalene, phenanthrene, and pyrene. d. Total = sum of PCB aroclors 1016+1221+1232+1242+1248+1254+1260.

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1 - Inspection Forms Inspection Form Signatory Requirements (from SGGP General Condition G1):

All applications, reports, or information submitted to Ecology must be signed and certified.

a) In the case of corporations, by a responsible corporate officer.

For the purpose of this section, a responsible corporate officer means:

i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision making functions for the corporation, or

ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b) In the case of a partnership, by a general partner.

c) In the case of sole proprietorship, by the proprietor.

d) In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official. Responsibility, or an individual or position having overall responsibility for environmental matters.

Changes to authorization: If an authorization as described above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of “ii” above shall be submitted to Ecology prior to, or together with, any reports, information, or applications to be signed by an authorized representative.

Page 189: ICON MATERIALS SEATTLE ASPHALT PLANT

INSPECTION REPORT FORM #1

OIL SHEEN MONITORING NPDES Permit Number: WAG-50-3282

SIC CODE: 2951 NAICS CODE: 324121

INSTRUCTIONS: Conduct visual monitoring for oil sheen at all groundwater discharge points (or representative locations where water collects prior to discharge) each day that equipment operates and runoff occurs. If oil sheen is present, the Permittee must clean up the source and report the event on the inspection form identifying the probable cause of the oil sheen and describing the actions taken to prevent further contamination. The discharge of sheen or petroleum products to surface or ground water is a violation and must be reported as a violation. The presence of a visible sheen on site is not a violation if the Permittee corrects the problem in a timely manner, notes the occurrence in the inspection report, explains the cause and describes the immediate solution and future preventive practices in the inspection report and the SWPPP. (See also Conditions S2, Tables 2 and 3-footnote 3, and conditions S5.C, S9.C, and S10.E).

Parameter Units Benchmark Value

Analytical Method

Laboratory Quantitation

Level

Minimum Inspection Frequency

Oil Sheen N/A No Visible Oil Sheen N/A N/A Daily when runoff occurs

DATE: TIME OF INSPECTION: SEASON (CIRCLE ONE): WET DRY INSPECTOR: INCHES OF RAINFALL (in 24 hour event greater than or equal to 0.5”): INSPECTION LOCATION: CONDITION OF FACILITIES: OBSERVATIONS: DOES FACILITY MEET COMPLIANCE WITH THE PERMIT? (Y/N) NATURE OF DEFICIENCIES OBSERVED: CORRECTIVE MEASURES TAKEN: I certify under penalty of law, that the information submitted in this form is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,

SIGNATURE:

Page 190: ICON MATERIALS SEATTLE ASPHALT PLANT

INSPECTION REPORT FORM #2

EQUIPMENT & VEHICLE INSPECTION NPDES Permit Number: WAG-50-3282

SIC CODE: 2951 NAICS CODE: 324121

INSTRUCTIONS: Inspect all operationally related equipment and vehicles weekly for leaking fluids such as oil, hydraulic fluid, antifreeze, etc.

NPDES Permit Number: WAG-50-3282 DATE: TIME OF INSPECTION: SEASON (CIRCLE ONE): WET DRY INSPECTOR: INSPECTION LOCATION: EQUIPMENT INSPECTED: VEHICLES INSPECTED: OBSERVATIONS: NATURE OF DEFICIENCIES OBSERVED: CORRECTIVE MEASURES TAKEN: I certify under penalty of law, that the information submitted in this form is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,

SIGNATURE:

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ICON Seattle Asphalt Plant MONTH_________________

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****SEND REPORTS TO JULIE BY THE END OF EACH MONTH****

Location

Discharge PT #1 Discharge PT #2 Discharge PT #3 Discharge PT #4

DateIf Yes, Action taken

Discharge PT #5

ASW1- Infiltration

Pond on East

RAS1-Recycle

Asphalt

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2 - Non-Compliance Form

Non-Compliance Form Signatory Requirements (from SGGP General Condition G1):

All applications, reports, or information submitted to Ecology must be signed and certified.

a) In the case of corporations, by a responsible corporate officer.

For the purpose of this section, a responsible corporate officer means:

i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision making functions for the corporation, or

ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b) In the case of a partnership, by a general partner.

c) In the case of sole proprietorship, by the proprietor.

d) In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official. Responsibility, or an individual or position having overall responsibility for environmental matters.

Changes to authorization: If an authorization as described above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of “ii” above shall be submitted to Ecology prior to, or together with, any reports, information, or applications to be signed by an authorized representative.

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NON-COMPLIANCE FORM

The discharge of sheen or petroleum products to surface waters or ground waters is a violation and must be reported as a violation immediately. Report the following information:

1) Company Name and Location ________________________________________________________________ 2) Name of person reporting, Job Title and Phone Number ________________________________________________________________ 3) Location of Spill ________________________________________________________________ 4) Material Spilled ________________________________________________________________ 5) Estimated Quantity ________________________________________________________________ 6) Action taken for containment and cleanup ________________________________________________________________ 7) Water bodies, Streams, Drainage Ditch or Sewer Involved ________________________________________________________________

Reporting Guide 1) Site Contacts:

Plant Operator: Pat Healy Phone: Business (206) 767-2521 Environmental Representative: James Weisinger Phone: Business (06) 261-0348

2) Washington Department of Ecology Phone: (425) 649-7000

3) When Federal Waters are Involved:

US Coast Guard: (206) 286-5540 (800) 592-9911

I certify under penalty of law, that the information submitted in this form is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,

SIGNATURE:

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3 - Spill Logs

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SPILL LOG

Spill Date

Spill Time

Spilled Material

Spill Quantity

Spill Location

Reason for Spill

Clean Up Date

Clean up Time

Notifications Made

Staff Involved

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4 - Pollution Prevention Training Roster and Sample Tool Box Safety Meeting Topics

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ANNUAL POLLUTION PREVENTION TRAINING ROSTER

ICON Materials - Seattle Asphalt Plant

1115 South 96th Street

Seattle, Washington 98108

Instructor Name: ______________________________________________________ Date: ________________________________________________________________ Annual Pollution Prevention training is required for employees who have duties that involve areas of industrial activities subject to the SGGP. Items Discussed

An overview of the Site Management Plan

How employees make a difference in complying with the pollution prevention and preventing contamination of stormwater

Spill Response procedures, good housekeeping, maintenance requirements, and material management practices

Other:___________________________________________________________________________________________________________________________________________

Employee Name Employee Signature Title

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5 - Site Management Plan Amendments

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SITE MANAGEMENT PLAN AMMENDMENTS PAGE

ICON Materials

Seattle Asphalt Plant

1115 South 96th Street

Seattle, Washington 98108

DATE AMENDED INDIVIDUAL MAKING

CHANGES REASON FOR PLAN

CHANGE/SUMMARY

CERTIFICATION FORM

COMPLETED AND

INCLUDED