Revised Code of Washington

Wash. Rev. Code § 90.48.160 (2026)

Waste disposal permit—Required—Exemptions

✓ current as of May 2026
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Any person who conducts a commercial or industrial operation of any type which results in the disposal of solid or liquid waste material into the waters of the state, including commercial or industrial operators discharging solid or liquid waste material into sewerage systems operated by municipalities or public entities which discharge into public waters of the state, shall procure a permit from either the department or the *thermal power plant site evaluation council as provided in RCW 90.48.262(2) before disposing of such waste material: PROVIDED, That this section shall not apply to any person discharging domestic sewage only into a sewerage system.
The department may, through the adoption of rules, eliminate the permit requirements for disposing of wastes into publicly operated sewerage systems for:
(1) Categories of or individual municipalities or public corporations operating sewerage systems; or
(2) Any category of waste disposer;
if the department determines such permit requirements are no longer necessary for the effective implementation of this chapter. The department may by rule eliminate the permit requirements for disposing of wastes by upland finfish rearing facilities unless a permit is required under the federal clean water act's national pollutant discharge elimination system.
[ 1989 c 293 s 2; 1973 c 155 s 3; 1967 c 13 s 13; 1955 c 71 s 1.]

Notes:

*Reviser's note: The "thermal power plant site evaluation council" was redesignated the "energy facility site evaluation council" by 1975-'76 2nd ex.s. c 108.
Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1984–2024 · leading case: Miotke v. City of Spokane, 678 P.2d 803 (Wash. 1984).
Miotke v. City of Spokane, 678 P.2d 803 (Wash. 1984). · cites it 8× “RCW 90.48.160 provides: Any person who conducts a commercial or industrial operation of any type which results in the disposal of solid or liquid waste material into the waters of the state, including commercial or industrial operators discharging solid or liquid waste material…”
State v. Lundgren, 971 P.2d 948 (Wash. Ct. App. 1999). “080; RCW 90.48.160. "[E]very person" who discharges pollutants without a permit is subject to a civil penalty of $10,000 per day per violation.”
Dep't of Ecology v. Lundgren, 94 Wash. App. 236 (Wash. Ct. App. 1999). “080; RCW 90.48.160. “[E]veiy person” who discharges pollutants without a permit is subject to a civil penalty of $10,000 per day per violation.”
Dep't of Ecology v. Douma, 147 Wash. App. 143 (Wash. Ct. App. 2008). “080, RCW 90.48.160, RCW 90.48.144, and WAC 173-200-040.”
Pac. Topsoils, Inc. v. Dep't of Ecology, 157 Wash. App. 629 (Wash. Ct. App. 2010). “080 and RCW 90.48.160, it is unlawful to discharge polluting matters into waters of the state without a permit.”
Pac. Topsoils v. State Dept. of Ecology, 238 P.3d 1201 (Wash. Ct. App. 2010). “080 and RCW 90.48.160, it is unlawful to discharge polluting matters into waters of the state without a permit.”
State, Dept. of Ecology v. Douma, 193 P.3d 1102 (Wash. Ct. App. 2008). “080, RCW 90.48.160, RCW 90.48.144, and WAC 173-200-040.”
Puget Soundkeeper All., V. Wa State Dept. Of Ecology (Wash. Ct. App. 2023). · cites it 2× “020 (administration); RCW 90.48.160 (permits). As part of any permit issuance or reissuance, Ecology must “incorporate permit conditions which require use of all known, available, and reasonable [technologies and] methods to control toxicants.”
Crown Resources, Corp. v. Dep't of Ecology (Wash. Ct. App. 2019). “RCW 90.48.160. The federal “Water Pollution Control Act,” also known as the CWA, makes it unlawful for any person to discharge pollutants from a point source into navigable waters of the United States unless the discharge complies with a NPDES permit.”
Wa State Dairy Fed'n, V Wa State Pollution Control Hearings (Wash. Ct. App. 2021). “RCW 90.48.160. Any state standard or limitation in the WPCA must be at least as stringent as the corresponding federal limitation or standard.”
City of Tacoma v. Dep't of Ecology (Wash. Ct. App. 2023). “RCW 90.48.160, .162. Ecology attempts to distinguish Failor’s Pharmacy by arguing that the new requirements in the permits are mandated by WAC 173-201A-510, which prohibits WWTPs from violating existing water quality standards.”
Puget Soundkeeper All., V. State Of Wa Pollution Control Hearings (Wash. Ct. App. 2024). “Under RCW 90.48.160, a discharge permit is required by “[a]ny person who conducts a commercial or industrial operation of any type which results in the disposal of solid or liquid waste material” into any water of the state.”
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