Section 246-295-100 - SMA compliance(1) A SMA: (a) Shall comply with all statutes and regulations governing public water systems including but not limited to chapters 70A.100, 70A.120, and 70A.125 RCW and chapters 246-290, 246-291, 246-292, 246-293 and 246-294 WAC and the requirements of this chapter; and(b) Shall adhere to its SMA plan.(2) The department may revoke, suspend, modify or deny the certification or application of any SMA or applicant which:(a) Fails to timely submit required information;(b) Has been subject to departmental enforcement action for violation of statutes or regulations governing public water systems;(c) Violates or has violated statues or regulations governing public water systems;(d) Fails to comply with its SMA plan;(e) Fails to have or maintain required staff;(f) Fails to comply with all applicable local ordinances, regulations, plans and policies;(g) Fails to demonstrate financial viability whether at the time of application or subsequently;(h) Fails to bring a noncomplying system into regulatory compliance within the time frame established under WAC 246-295-110; or(i) Operates in a manner that threatens public health.(3) Any SMA or applicant aggrieved by the department's decision to revoke, suspend, modify or deny their approval or application may appeal such decision in accordance with chapter 246-10 WAC and chapter 34.05 RCW.(4) An approved SMA that files a timely appeal of a decision to revoke, suspend or modify its approval under chapter 246-10 WAC and/or chapter 34.05 RCW may continue to operate until a final departmental decision is issued, unless protection of the public health, safety and welfare requires summary action.(5) If a SMA is removed from the approved list and desires reinstatement, the SMA must submit a new notice of intent to become an approved SMA and follow the process outlined in WAC 246-295-040, provided that the reapplication shall be subject to any limitations imposed by final departmental order or if applicable, order on judicial review.Wash. Admin. Code § 246-295-100
Amended by WSR 22-07-025, Filed 3/9/2022, effective 4/9/2022Statutory Authority: RCW 70.116.134. 94-18-108, § 246-295-100, filed 9/6/94, effective 10/7/94.