WSR 05-01-236

DEPARTMENT OF ECOLOGY


[ Filed December 22, 2004, 11:32 a.m. ]


Announcement of Issuance of General Permit

for Sand and Gravel Mining and Related Activities


Introduction: On January 5, 2005, Washington state Department of Ecology (ecology) reissued the sand and gravel general permit, a national pollutant discharge elimination system (NPDES) and state waste discharge general permit for sand and gravel mining operations and related facilities located in Washington state. This permit will take effect on February 4, 2005. The proposed permit implements the Federal Clean Water Act and State Water Pollution Control Act. The purpose of the permit is to control the discharge of pollutants from sand and gravel mining operations and related facilities into waters of the state.

Those facilities with industrial activities designated by the following standard industrial classification (SIC) codes are subject to coverage under the sand and gravel general permit:

0811 Timber Tracts (sand and gravel point source activities).
1411 Dimension Stone.
1422 Crushed and Broken Limestone.
1423 Crushed and Broken Granite.
1429 Crushed and Broken Stone, Not Elsewhere Classified.
1442 Construction Sand and Gravel.
1446 Industrial Sand.
1455 Kaolin and Ball Clay.
1459 Clay, Ceramic, and Refractory Minerals, Not Otherwise Classified.
1499 Miscellaneous Nonmetallic Minerals, Except Fuels.
2411 Logging (sand and gravel point source activities).
2951 Asphalt Paving Mixtures and Blocks.
3273 Ready-Mixed Concrete.
Summary of Public Involvement Process: On June 23, 2004, ecology filed a public notice of draft (PNOD) with the Code Revisers Office to inform the public that the revised draft permit and fact sheet were available for review and comment; and to specify the dates and locations of public workshops and hearings on the proposed permit. On July 7, 2004, the public announcement was published in the Washington State Register (WSR 04-13-178), Bellingham Herald, Tri-City Herald, Seattle Daily Journal of Commerce, Spokesman-Review, and the Columbian. An announcement was also mailed to all parties identified as interested parties and was made available on ecology's website. Public workshops and hearings on the proposed permit were held in Moses Lake on August 10, 2004, and in Lacey on August 12, 2004. The public comment period closed August 19, 2004. Several revisions were made to the permit after the public comment period closed, but the overall direction and intent of the permit has not changed. The permit was edited to make it more clear and effective and to address legal and technical issues raised during the public comment period. These revisions include:

Additional monitoring and reporting for discharges to surface waters including discharge flow monitoring each time temperature or turbidity is measured; and a receiving water flow report to estimate the low flow of receiving surface waters at the time of critical condition is due by January 30, 2008;

Suspending stormwater pH monitoring for the construction sand and gravel category; and reducing the frequency of pH monitoring to quarterly for all categories except ready-mixed concrete (SIC 3273) and concrete products (SIC 3272);

Removing language regarding the presumptive and demonstration approach as the basis for stormwater pollution prevention plans; and adding the requirement to make plans available to the public upon written request; and

Clarifying the requirements for new and existing discharges to 303(d)-listed impaired waterbodies and waters with TMDLs.

Ecology has prepared a Response to Comments, which is included in the fact sheet for the sand and gravel general permit (Appendix C). It includes a summary of all changes made to the draft permit, ecology's response to all the written comments submitted during the public comment period, and a list of those providing comments. It is available from ecology's sand and gravel website, http://www.ecy.wa.gov/programs/wq/sand/index.html, or by request to the addresses listed below.

Permit Coverage: Those facilities that have coverage under the current permit, and have submitted their renewal application for the permit, will continue to have coverage under the revised permit unless otherwise notified by ecology. New or unpermitted facilities seeking permit coverage should request an application for coverage from the ecology regional office serving their site location. Businesses seeking coverage for portable asphalt, portable concrete, and portable rock crushing operations should contact the ecology regional office serving the location of their business office and request an application for coverage of portables.

Anyone with knowledge of why a specific facility should or should not receive coverage under this general permit may also contact the ecology regional office appropriate for the location of the facility.

Appeal Procedures: Pursuant to chapter 43.21.B. [43.21B]RCW, the terms and conditions of the permit may be appealed within thirty days of receipt. An appeal must be filed with the Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903. In addition, a copy of this appeal must be served on the Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600. The procedures and requirements for the appeal process are contained in RCW 43.21.B.310 [43.21B.310].

The terms and conditions of a general permit, as they apply to an individual discharger, are appealable within thirty days of the effective date of coverage of that discharger, in accordance with chapter 43.21B RCW. This appeal is limited to the general permit's applicability or nonapplicability to a specific discharger.

To Obtain Additional Information: Jeff Killelea, Water Quality Program, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6127, fax (360) 407-6426, e-mail JKIL461@ecy.wa.gov.

To Apply for Permit Coverage or Obtain Additional Information:


Southwest Regional Office

Water Quality Program

P.O. Box 47775

Olympia, WA 98504-7775

Phone: (360) 407-6280

Northwest Regional Office

Water Quality Program

3190 - 160th Avenue SE

Bellevue, WA 98008-5452

Phone: (425) 649-7201

Central Regional Office

Water Quality Program

15 West Yakima Avenue, Suite 200

Yakima, WA 98902-3401

Phone: (509) 454-7869

Eastern Regional Office

Water Quality Program

North 4601 Monroe

Suite 202

Spokane, WA 99205-1295

Phone: (509) 456-6310

If you need this information in an alternate format, please contact ecology at (360) 407-6404. If you are a person with a speech or hearing impairment, call 711 or 1-800-833-6388 for TTY.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office