WSR 17-01-118

DEPARTMENT OF ECOLOGY

[Filed December 20, 2016, 9:13 a.m.]

PUBLIC NOTICE

Announcing the Reissuance of the Aquatic Noxious Weed Control

General Permit

PERMIT: The Washington state department of ecology (ecology) is reissuing the aquatic noxious weed control general permit (permit). This permit becomes effective on February 3, 2017, and expires February 2, 2022.

State and federal water quality regulations do not allow the discharge of pollutants to waters of the state without permit coverage. Pesticide products used for management of aquatic noxious weeds are potential pollutants, and therefore require a discharge permit before application to areas adjacent to surface waters. Ecology issues general permits in place of a series of individual permits when the permitted activities are similar.

PURPOSE OF THE PERMIT: This permit conditions the indirect discharge of herbicides, adjuvants, and marker dyes into estuaries, marine areas, wetlands, along lake shorelines, rivers, streams, and other wet areas to manage aquatic noxious weeds in Washington. An indirect discharge occurs when there may be incidental overspray or dripping of a chemical from the treated plants into waters of the state.

PERMIT AND SUPPORTING DOCUMENTS: Ecology accepted public comment on the draft permit, fact sheet and notice of intent from September 21, 2016, until November 4, 2016. Ecology held a webinar, and public workshop and hearing in Lacey, Washington on October 27, 2016. Ecology received written comments during the public comment period and responded to these comments in Appendix D of the fact sheet.

You may download copies of the permit, the response to comments, and the fact sheet from the ecology web site at http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/noxious/noxious_index.html. You may request hardcopies of the documents from Nathan Lubliner at nathan.lubliner@ecy.wa.gov or (360) 407-6563.

ECOLOGY CONTACT: Nathan Lubliner, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone (360) 407-6563, email nathan.lubliner@ecy.wa.gov.

APPEALS: This permit may be appealed to the pollution control hearings board (PCHB) within thirty days of the date of receipt of the final permit. 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) (also see glossary).

To appeal, the following must be done within thirty days of receipt of this permit:

•	File the appeal and a copy of this permit with PCHB (see addresses below). Filing means actual receipt by PCHB during regular business hours.
•	Serve a copy of the appeal and this permit on ecology in paper form - by mail or in person (see addresses below). Email is not accepted.

The appeal must also comply with other applicable requirements in chapters 43.21B RCW and 371-08 WAC.

ADDRESS AND LOCATION INFORMATION:

Street Addresses: Department of Ecology, Attn: Appeals Processing Desk, 300 Desmond Drive S.E., Lacey, WA 98503; or the Pollution Control Hearings Board, 1111 Israel Road S.W., Suite 301, Tumwater, WA 98501.

Mailing Addresses: Department of Ecology, Attn: Appeals Processing Desk, P.O. Box 47608, Olympia, WA 98504-7608; or the Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903.