WSR 07-04-112

DEPARTMENT OF ECOLOGY


[ Filed February 7, 2007, 10:29 a.m. ]


PUBLIC NOTICE

Public Workshops and Hearings to Accept Comments on the

Revised Industrial Stormwater General Permit



Revising and Reissuing the Industrial Stormwater General Permit: The industrial stormwater NPDES and state waste discharge general permit, issued by the Washington state department of ecology (ecology) on September 20, 2002, will expire on September 20, 2007. Ecology has revised the permit and is proposing to reissue the permit on August 20, 2007. The proposed draft industrial stormwater general permit and fact sheet are available for review and public comment from February 21, 2007, to April 20, 2007. Ecology will host five informational workshops and public hearings on its proposal to reissue the industrial stormwater general permit. Ecology will accept written or oral comments on the draft permit and fact sheet.

Purpose of the Industrial Stormwater General Permit: Under federal and state water quality law (Federal Clean Water Act and State Water Pollution Control Act), the discharge of wastewater, including stormwater, requires a permit. The Code of Federal Regulations Title 40, Part 122.1(b) (40 C.F.R. 122.1(b)) requires permits for the discharge of pollutants from any point source into waters of the United States. 40 CFR 122.26 (b)(14)(i) through (xi) identifies the industries required to apply for coverage under the industrial stormwater general permit. The proposed general permit addresses these legal requirements and controls the discharge of pollutants to protect surface water and ground water quality in Washington state under the authority of RCW 90.48.260. Facilities in the industrial sectors listed on the industrial stormwater general permit web site must either apply for permit coverage or a certification of "no exposure." "No exposure" means that all industrial activities are conducted under cover so that there is no reasonable probability that pollutants from industrial activities will come in contact with stormwater. The draft permit can be accessed at http://www.ecy.wa.gov/programs/wq/stormwater/industrial/index.html.

A general permit is like an individual wastewater discharge permit except that it addresses a group of facilities as a whole and implements the Federal Clean Water Act and State Water Pollution Control Act in a single permit. Industrial sites that receive coverage under the general permit are required to implement "best management practices" to protect water quality and comply with the terms and conditions of the permit. Currently, 1,153 industrial facilities are covered under the industrial stormwater general permit.

Applying for the Industrial Stormwater General Permit: Facilities covered under the existing industrial stormwater general permit must reapply for coverage using the form sent by ecology on February 2, 2007. New or unpermitted industrial facilities within sectors identified on the web site may obtain coverage under the general permit by submitting a complete permit application to ecology and satisfying all applicable public notice and State Environmental Policy Act (SEPA) requirements (WAC 173-226-200). The permit application is available online at http://www.ecy.wa.gov/programs/wq/stormwater/industrial/index.html.

Requesting Copies of the Permit: Beginning February 21, 2007, you can request copies of the proposed draft general permit and fact sheet, or you can download copies from the industrial stormwater general permit web site at http://www.ecy.wa.gov/programs/wq/stormwater/industrial/index.html. Contact Julie Robertson, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6575, fax (360) 407-6426, e-mail jrob461@ECY.WA.GOV.

Submitting Written and Oral Comments: Ecology will accept written and oral comments on the draft industrial stormwater general permit and fact sheet. Comments should reference specific text when possible. Comments may address the following:

Technical issues,
Accuracy and completeness of information,
The scope of facilities proposed for coverage,
Adequacy of environmental protection and permit conditions, or
Any other concern that would result from issuance of the revised permit.
Submit written comments to Jim La Spina, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

Written comments must be postmarked no later than midnight, April 20, 2007.

Written comments may also be submitted by e-mail to industrialstormwatercomments@ecy.wa.gov.

Oral comments can be made by attending and testifying at the public hearings.

Public Workshops/Hearings: Public workshops and hearings on the draft general permit will be held in five locations during the public notice period. The purpose of the workshops is to explain the general permit, what has changed from the previous permit, answer questions, and facilitate meaningful testimony during the hearing. The purpose of the hearings is to provide an opportunity for people to give formal oral testimony and comments on the proposed permit.

Ecology will conduct workshops and public hearings at the following five locations. All workshops will begin at 1:30 p.m. Public hearings will begin immediately after the workshops and conclude as soon as public testimony is completed.

March 26, 2007 1:30 p.m. Moses Lake Fire Department

Conference Room

701 East Third Avenue

Moses Lake, WA

(509) 765-2204

March 28, 2007 1:30 p.m. Department of Ecology

Headquarters Building

300 Desmond Drive

Olympia, WA

(360) 407-6000

March 29, 2007 1:30 p.m. Cowlitz County PUD

961 12th Avenue

Longview, WA

(360) 423-2210

April 3, 2007 1:30 p.m. Skagit Transit Conference Room

105 East Kincaid Street

Suite 101

Mt. Vernon, WA

(360) 428-8547

April 5, 2007 1:30 p.m. University Heights Center

5031 University Way N.E.

Seattle, WA

(206) 527-4278


Issuing the Final Industrial Stormwater General Permit: The final permit will be issued after ecology receives and considers all public comments. If public comments represent a substantial departure from the scope or conditions in the original draft permit, another public notice of draft and public comment period may ensue.

Ecology expects to issue the general permit on August 20, 2007. It will be effective thirty days later. When issued, a copy of the notice of issuance and ecology's responses to the comments will be sent to all persons who submitted written comment or gave public testimony.

If you have special accommodation needs or require a copy of the permit and fact sheet in an alternative format, please contact Julie Robertson at (360) 407-6575. If you are a person with a speech or hearing impairment, call 711 or 800-833-6388 for TTY.

Washington State Code Reviser's Office