WSR 14-24-113

[Filed December 3, 2014, 9:03 a.m.]

Permit Issuance: The Washington state department of ecology (ecology) will issue the final modified Phase I and Western Washington Phase II municipal stormwater permits (permits) on December 17, 2014. The modified permits become effective on January 16, 2015. The fact sheet (statement of basis) and draft permits were available for review and public comment from August 6 through 12 midnight, October 6, 2014. Ecology hosted three informational public workshops and two public hearings on the draft modifications. During the public comment period, ecology received eighteen written public comment letters and e-mails, and three people provided oral testimony. The public comments helped shape the final permits.

Purpose of the Municipal Stormwater Permits: Federal and state water quality laws require a permit for the discharge of stormwater (see Federal Water Pollution Control Act, Title 22 United States Code, Section 1251 et seq., state Water Pollution Control Act, chapter 90.48 RCW and Washington waste discharge general permit regulation, WAC 173-226-130). The permits address these legal requirements and control the discharge of pollutants to protect surface water and ground water quality in Washington state. The permits require municipalities and secondary permittees to develop and implement a stormwater management program to control stormwater runoff into and from their storm sewer system.

Modifications to the Permits: The permit modifications incorporate permit appeal decisions and errata. Based on comments received, ecology made several changes to the final permits to enhance clarity of the permit requirements. The primary changes to the permits include:

Supporting Documents: In response to the permit appeal ruling, modifications to the Stormwater Management Manual for Western Washington (manual) have also been incorporated and will be issued on December 17, 2014. The manual, Western Washington Hydrologic Model, and several guidance documents that support the permits and manual were also available for public comment during the time period provided for the permit modification. The manual received eighteen written comments, and the comments helped shape the final document. The supporting documents made available for review are posted here www.ecy.wa.gov/programs/wq/stormwater/municipal/permitMod2014.html.

Applying for Permit Coverage: Facilities covered under the existing municipal stormwater general permits will continue to be covered under the modified permits. Areas covered by the Phase I and Phase II stormwater permit are shown here http://www.ecy.wa.gov/programs/wq/stormwater/municipal/maps.html.

Response to Comments: Ecology's Response to Comments document (Addendum to Fact Sheet – Appendix C) includes a summary of public comments submitted during the public comment period and ecology's response to those comments, including any changes made to the final permit. The final permits, manual, and Response to Comments are available online at www.ecy.wa.gov/programs/wq/stormwater/municipal/permitMod2014.html.

Requesting Copies of the Final Permits: You may request physical copies from Kimberly Adams at Department of Ecology, Water Quality Program, P.O. Box 47696, Olympia, WA 98504-7696, kimberly.adams@ecy.wa.gov, or (360) 407-6401.

Appeals: Persons have a right to appeal the final permit to PCHB within thirty days of the date of receipt. The appeal process is governed by chapters 43.21B RCW and 371-08 WAC. "Date of receipt" is defined in RCW 43.21B.001(2).

To appeal you must do the following within thirty days of the date of receipt of this permit issuance notice: