Wash. Rev. Code » Title 90 · Chapter 90.48
Revised Code of Washington

Wash. Rev. Code § 90.48.520 (2026)

✓ current as of May 2026
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In order to improve water quality by controlling toxicants in wastewater, the department of ecology shall in issuing and renewing state and federal wastewater discharge permits review the applicant's operations and incorporate permit conditions which require all known, available, and reasonable methods to control toxicants in the applicant's wastewater. Such conditions may include, but are not limited to: (1) Limits on the discharge of specific chemicals, and (2) limits on the overall toxicity of the effluent. The toxicity of the effluent shall be determined by techniques such as chronic or acute bioassays. Such conditions shall be required regardless of the quality of receiving water and regardless of the minimum water quality standards. In no event shall the discharge of toxicants be allowed that would violate any water quality standard, including toxicant standards, sediment criteria, and dilution zone criteria.
[ 1987 c 500 s 1.]
Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2000–2024 · leading case: Puget Soundkeeper All. v. Dep't of Ecology, 424 P.3d 1173 (Wash. 2018).
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Puget Soundkeeper All. v. Dep't of Ecology, 424 P.3d 1173 (Wash. 2018). · cites it 16× “*634 ¶ 1 In this case, we are asked to decide whether Department of Ecology's current waste discharge permitting process complies with RCW 90.48.520 's requirement for "permit conditions [to] require all known , available, and reasonable methods to control toxicants in the…”
Puget Soundkeeper All. v. State, 9 P.3d 892 (Wash. Ct. App. 2000). · cites it 8× “— RCW 90.48.520 requires that wastewater discharge permits issued under the federal Clean Water Act (CWA) and Washington’s water pollution control act (WPCA) include conditions requiring the permit holder to use all known, available, and reasonable methods to control toxicants…”
Puget Soundkeeper All. v. Pollution Control Hearings Bd., 356 P.3d 753 (Wash. Ct. App. 2015). · cites it 3× “” RCW 90.48.520. Consistently with this mandate, WAC 173-205--070(l)(d) further specifies that “[t]he compliance test for acute toxicity shall be considered to be a maximum daily discharge permit limitation.”
SOUNDKEEPER v. State, Dept. of Ecology, 9 P.3d 892 (Wash. Ct. App. 2000). · cites it 8× “520 requires that wastewater discharge permits issued under the federal Clean Water Act (CWA) and Washington's Water Pollution Control Act (WPCA) include conditions requiring the permit holder to use all known, available, and reasonable methods to control toxicants in that…”
Snohomish Cnty. v. Pollution Control Hearings Bd., 386 P.3d 1064 (Wash. 2016). “” RCW 90.48.520. Ecology issued the first iteration of the municipal storm water permits in 1995 and the second iteration in 2007.”
Waste Action Proj. v. Draper Valley Holdings LLC, 49 F. Supp. 3d 799 (W.D. Wash. 2014). · cites it 2× “RCW 90.48.520 requires DOE to review a permit applicant’s “operations and incorporate permit conditions which require all known, available, and reasonable methods to control toxicants in the applicant’s wastewater.”
Nw. Env't Advocates v. Dept. Of Ecology, State Of Wa (Wash. Ct. App. 2021). · cites it 10× “” RCW 90.48.520. Ecology’s rules governing the permitting process for wastewater treatment facilities also mandate Ecology follow AKART when issuing permits.”
Puget Soundkeeper All., V. Wa State Dept. Of Ecology (Wash. Ct. App. 2023). · cites it 9× “” RCW 90.48.520. This requirement is known as the AKART standard.”
City of Tacoma v. Dep't of Ecology, 555 P.3d 390 (Wash. 2024). “RCW 90.48.520. 5 City of Tacoma v. Dep’t of Ecology, No.”
Puget Soundkeeper All., V State Of Wa Dept. Of Ecology (Wash. Ct. App. 2017). · cites it 2× “And RCW 90.48.520 states, “In no event shall the discharge of toxicants be allowed 6 The CWA’s formal name is the Federal Water Pollution Control Act, 33 U.”
Nw. Pulp & Paper Assoc. V. Dep't Of Ecology (Wash. Ct. App. 2021). · cites it 2× “” RCW 90.48.520. NPDES permits “must be conditioned so the discharges authorized will meet the water quality standards.”
Spokane Cnty. v. Sierra Club (Wash. Ct. App. 2016). “020; see also RCW 90.48.520 (“In order to improve water quality by controlling toxicants in wastewater, [Ecology] shall in issuing and renewing state and federal wastewater discharge permits review the applicant’s operations and incorporate permit conditions which require all…”
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