WSR 02-11-117

DEPARTMENT OF ECOLOGY


[ Filed May 21, 2002, 11:06 a.m. ]


Department of Ecology

Public Notice of National Pollutant Discharge Elimination System (NPDES)

General Permit Issuance for Nuisance Plant and Algae Control



Ecology to Issue an Aquatic Pesticide General Permit June 5, 2002

On June 5, 2002, ecology will issue a general permit for aquatic pesticide applications made throughout the state. The general permit will provide coverage for the application of herbicides to control nuisance weeds and algae in surface waters of the state of Washington. The use of herbicides and algaecides is subject to the provisions of integrated pest management plans (IPMs) and further restricted in salmonid bearing waters. Monitoring is required and conducted by permittees.

Ecology issued the draft general permit for public review on April 3, 2002 through a notice to the state Register and a direct mailing to over four hundred recipients including potential permittees, agencies with jurisdiction or interest in aquatic pest control, tribes, environmental groups and other interested parties. Ecology held public workshops followed by hearings for the permit on May 14, at Ecology Headquarters, 600 Desmond Drive, Olympia, and on May 30 at the Spokane Shadle Library.

The public comment period ended on May 30. The final permit and fact sheet will include a response to comments received during the public comment period. Copies of the final permit documents can be obtained through ecology's WebPages http://www.ecy.wa.gov/programs/wq/herbicides/npdes_develp.html or by contacting Kathleen Emmett, Aquatic Pest Control Permit Lead, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail kemm461@ecy.wa.gov.

Appeal Procedures: Pursuant to RCW 43.21.B.310 [43.21B.310] the terms or conditions of this permit may be appealed before July 5, 2002. An appeal may be filed with the Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903 within thirty days from the effective date of the permit. In addition, a copy of the appeal must be served on the Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696.

All applicants who submitted a complete application to ecology during the public comment period will be covered under the permit on its effective date. The terms and conditions of a general permit, as they apply to an individual discharger, are appealable with[in] thirty days of the effective date in accordance with chapter 43.21B RCW. This appeal is limited to the general permit's applicability or nonapplicability to a specific discharger.

Questions or requests for more information can be directed to Kathleen Emmett at the above addresses or call her at (360) 407-6478.

Washington State Code Reviser's Office