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AGO Opinions with Topic: POLLUTION
AGO 1983 No. 23 >  November 2, 1983
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - WATER - POLLUTION
RELATIONSHIP BETWEEN FEDERAL AND WASTE DISCHARGE PERMITS (1) The Department of Ecology may not concur in the proposed issuance of a wate discharge permit by the United States Environmental Protection Agency under § 301(h) of the Federal Clean Water Act if the proposed federal permit contains effluent quality limitations which require less waste treatment than is required under state law. (2) A municipality is required to obtain a waste discharge permit from the Department of Ecology under RCW 90.48.162 prior to discharge of its sewerage wastes into marine waters of the state even though the municipality already holds a waste discharge permit issued by the Environmental Protection Agency under § 301(h) of the Federal Clean Water Act which was concurred in by the Department of Ecology under that provision. (3) The Department of Ecology is not precluded by federal law from including in a state permit such waste treatment requirements, mandated by state law, as are more stringent than those contained in a permit which was issued by the Environmental Protection Agency without express state concurrence. (4) While state law does not expressly prohibit a municipality from discharging wastes from its sewerage system into Puget Sound, or other marine waters, without providing secondary treatment, all waste proposed for discharge into such waters must be provided with "all known, available, and reasonable methods of treatment" prior to being discharged into those waters‑-regardless of the quality of the water.
AGO 1968 No. 29 >  September 5, 1968
OFFICES AND OFFICERS - STATE AIR POLLUTION CONTROL BOARD - POLLUTION - ASSUMPTION OF JURISDICTION AS TO AIR CONTAMINANT SOURCE
OFFICES AND OFFICERS - STATE AIR POLLUTION CONTROL BOARD - POLLUTION - ASSUMPTION OF JURISDICTION AS TO AIR CONTAMINANT SOURCE (1) When the state air pollution control board assumes jurisdiction over a particular type or class of air contaminant source, in the manner set forth in § 53, chapter 238, Laws of 1967 (the Washington Clean Air Act), and adopts appropriate rules and regulations to control and/or prevent the emission of air contaminants from such source, the various local or regional air pollution control authorities are thereby precluded from continuing to enforce such emission control regulations as they may previously have adopted with respect to such contaminant source. (2) During any period of time which may elapse between the assumption of abstract jurisdiction by the state board and the effective date of such rules and regulations as are adopted by the board in implementation of that jurisdiction, the existing rules and regulations of the local or regional authority having territorial jurisdiction over the contaminant source will continue to be in effect and enforceable as to that source. (3) The state air pollution control board in assuming jurisdiction over a particular type or class of air contaminant source, may not elect to do so only as to certain areas of the state, for the board's only authority in assuming this type of jurisdiction is to do so on a state wide [[statewide]] basis.
AGO 1993 No. 17 >  November 17, 1993
DEPARTMENT OF ECOLOGY - FIRE - AIR - POLLUTION
Regulation of outdoor burning by the Department of Ecology RCW 70.94.775 prohibits outdoor burning of certain listed substances as well as any substance that normally emits dense smoke or obnoxious odors.  The Department of Ecology has authority under the Washington Clean Air Act, chapter 70.94 RCW, to adopt a regulation prohibiting the outdoor burning of substances not listed in RCW 70.94.775, if it concludes that the substances emit either dense smoke or obnoxious odors.
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