Revised Code of Washington
Wash. Rev. Code § 90.52.040 (2026)
Wastes to be provided with available methods of treatment prior to discharge into waters of the state
✓ current as of May 2026
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Except as provided in RCW 90.54.020(3)(b), in the administration of the provisions of chapter 90.48 RCW, the director of the department of ecology shall, regardless of the quality of the water of the state to which wastes are discharged or proposed for discharge, and regardless of the minimum water quality standards established by the director for said waters, require wastes to be provided with all known, available, and reasonable methods of treatment prior to their discharge or entry into waters of the state.
Notes of Decisions
Cited in 4
cases (4 in the last 5 years), 2021–2024 · leading case: Nw. Env't Advocates v. Dept. Of Ecology, State Of Wa (Wash. Ct. App. 2021).
Nw. Env't Advocates v. Dept. Of Ecology, State Of Wa (Wash. Ct. App. 2021). “2 RCW 90.52.040, 90.54.020. In 1987, Ecology adopted WAC 173-221-040, which mandates discharge standards for wastewater treatment plants.”
Wa State Dairy Fed'n, V Wa State Pollution Control Hearings (Wash. Ct. App. 2021). “Under RCW 90.52.040, “all wastes and other materials and substances proposed 6 The “vadose zone” refers to the “part of the subsurface that basically goes from ground surface down to what is usually defined as the regional water table.”
City of Tacoma v. Dep't of Ecology (Wash. Ct. App. 2023). “Under RCW 90.52.040, Ecology is required to adopt rules requiring “wastes to be provided with all known, available, and reasonable methods of treatment prior to their discharge or entry into waters of the state.”
Weyerhaeuser Nr Co. V. Wa State Dept Of Ecology & Pollution Control Hearings Bd. (Wash. Ct. App. 2024). “WAC 173-220-130(1); RCW 90.52.040; 90.54.020(3)(b); 90.48.520.”
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