(1) This rule sets waste discharge standards for finfish rearing facilities located within marine waters as required by RCW 90.48.220. Net-pens, floating raceways, closed bag, and barge systems are some examples of finfish rearing facilities covered by this section.

(2) Which types of marine finfish rearing facilities need a wastewater discharge permit?

(a) A permit is required for:

(i) All facilities which produce more than 20,000 net pounds of finfish a year; or

(ii) Feeds more than 5,000 pounds of fish food during any calendar month; or

(iii) Is designated as a significant contributor of pollution by the department in accordance with 40 C.F.R. 122.24.

(b) Facilities which do not require a permit under (a) of this subsection are conditionally exempt from the requirement to obtain a state waste discharge permit under chapter 173-216 WAC provided they comply with subsections (3) through (5) of this section.

(3) Time of compliance.

(a) Each marine finfish rearing facility which requires a wastewater discharge permit in accordance with subsection (2) of this section shall submit a completed application form to the department at least one hundred eighty days in advance of the date when permit coverage is deemed necessary.

(b) Existing unpermitted marine finfish rearing facilities which require a waste discharge permit in accordance with subsection (2) of this section shall file a completed application form with the department by January 31, 1996.

(4) Requirements applicable to all marine finfish rearing facilities. All marine finfish rearing facilities regardless of size, shall be operated so as to:

(a) Comply with all applicable state water quality standards and sediment quality standards.

(b) Comply with the following general requirements meant to reduce pollutants in the effluent:

(i) Feeding practices. Fish food shall be dispersed in a manner which maximizes ingestion by the reared fish.

(ii) Disease control chemical use practices. The following requirements only apply to those drugs and chemicals included in feed or administered by a bath or dip treatment which results or may result in those materials being discharged to waters of the state. These requirements do not apply to drugs and chemicals administered by injections or by dip treatments which results in no discharge to waters of the state.

(A) Disease control chemicals and drugs approved for use by the United States Food and Drug Administration (USFDA) or the United States Environmental Protection Agency (USEPA) may be used.

(B) USFDA approved Investigational New Animal Drugs (INADs) may also be used at a facility, provided the conditions detailed in a facility’s INAD permit application are met.

(C) All disease control drug and chemical use must be done in conformance with product label instructions, approved INAD protocols, or be administered by or under the supervision of a licensed veterinarian.

(D) Disease control drug and chemicals which are not used in accordance with product label instructions, or under USFDA approved INAD protocols must:

(I) Be administered by or under the supervision of a licensed veterinarian; and

(II) Be approved in advance by the department.

(E) The department may require disease control drug and chemical use reports from each facility.

(iii) Right of entry. Authorized representatives of the department, upon presentation of identification shall be allowed to:

(A) Enter in or upon the facility at all reasonable times;

(B) Have access to and copy at all reasonable times any records relative to information that must be kept or provided the department under the terms of, as applicable: The conditional exemption or wastewater discharge permit;

(C) Inspect, investigate, and photograph at all reasonable times any production, collection, treatment, pollution management, monitoring, or discharge equipment or facilities, or any conditions relating to pollution or possible pollution of any waters of the state;

(D) Sample and make tests at all reasonable times; and

(E) The term "reasonable times" shall include normal business hours, hours during which production, prevention, control, or treatment occurs or times when the department reasonably suspects a violation of this chapter is or may be occurring.

(iv) Operational conditions.

(A) Fish mortalities, harvest blood, and any leachate from these materials shall be stored and disposed of in a manner so as to prevent such materials from entering the waters of the state.

(B) Accumulated solids and attached marine growth contained within or on the finfish rearing units shall be disposed of in a manner which prevents, to the maximum extent practicable, these materials from entering or reentering waters of the state.

(C) Discharging accumulated solids and marine growth removed from the finfish rearing units into waters of the state without prior treatment is prohibited.

(D) Storage quantities of all necessary chemicals, petroleum products, and potentially toxic substances essential to the day-to-day operation of the facility shall be minimized. These products shall be kept in leak proof storage areas which provide secondary containment.

(c) Pollution prevention plan. All marine finfish rearing facilities shall develop a pollution prevention plan within six months of permit issuance. Facilities which do not require discharge permits shall prepare and implement a pollution prevention plan within a year of the adoption date of this rule, or when fish are introduced, whichever is later.

(i) The plan shall address: Operating, spill prevention, spill response, solid waste, and stormwater discharge practices which prevent or minimize the release of pollutants from the facility to the waters of the state.

(ii) Each facility shall be operated in accordance with its plan along with any subsequent plan amendments or revisions.

(iii) A copy of the most current version of the plan shall be maintained at the facility and available to the department upon request.

(5) Environmental studies. The purpose of these studies shall be to determine the potential of the discharge from a marine finfish rearing facility to have an adverse impact on existing water quality and sediment quality.

(a) Environmental studies shall be required as necessary to determine compliance with applicable water quality standards for each new facility which begins construction after November 1, 1995, or for each permitted facility which expands production by fifty percent over the permitted production on the effective date of this rule. Permitted production means the production level authorized for a facility in a waste discharge permit issued pursuant to chapter 90.48 RCW or shoreline permit issued pursuant to chapter 90.58 RCW. Existing facilities may be required to do environmental studies on a case-by-case basis.

(b) Environmental monitoring and reporting programs will be required to ensure the discharge from a facility complies with state water quality standards and sediment management standards. The department may require environmental monitoring programs through the issuance of wastewater discharge permits, and/or through administrative orders.