WSR 07-16-123

DEPARTMENT OF ECOLOGY


[ Filed July 31, 2007, 4:10 p.m. ]


Reissuance of the Industrial Stormwater NPDES and State Waste Discharge General Permit


The Washington state department of ecology (ecology) is reissuing a general permit to cover stormwater discharges from industrial sites on August 15, 2007. The permit becomes effective on September 15, 2007, and expires May 31, 2008. The permit is called the "Industrial Stormwater General Permit, a National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit for Stormwater Discharges Associated with Industrial Activities."

A draft permit and fact sheet was available for review and public comment from February 21, 2007, through April 20, 2007. Ecology published a public announcement in the Washington state register (WSR 07-04-112), and posted a public announcement on its industrial stormwater general permit web site. Ecology also mailed an announcement to all existing permit holders, interested parties, other government agencies, and tribes.

Ecology hosted five public workshops and hearings on the draft permit in Moses Lake, Mt. Vernon, Seattle, Lacey, and Longview. During the public comment period, ecology received sixty-two written public comment letters and e-mails, and two people gave oral testimony. The wide spectrum of comments require ecology to reconsider the fundamental policies underlying the draft permit. Ecology also received a number of comments requesting withdrawal of the draft permit and subsequent redevelopment. In support of this effort, ecology will reconvene its internal and external advisory committees to gather additional advice to redraft the permit.

The existing ISWGP, issued in 2002, will expire on September 20, 2007. Reopening the draft permit to an additional public involvement process will require more time than is available under the existing permit. After the existing permit expires in September, ecology would not be able to grant coverage to those facilities that are not currently under permit. Ecology will reissue the existing industrial stormwater general permit through May 2008. This will allow industries that need coverage a pathway for compliance while ecology develops a revised permit.

By mid-August ecology will discuss a new conceptual approach with its external advisory committee. Ecology anticipates having a new draft permit out for public comment by the end of October. It plans to issue the final permit in spring 2008 and the final permit will then replace the reissued permit.

Purpose of the General Permit: Under the federal Clean Water Act and state Water Pollution Control Act, the discharge of wastewater, including stormwater, requires a permit. The Code of Federal Regulations (C.F.R.) 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 C.F.R. 122.26 (b)(14)(i) through (xi) identifies the industries required to apply for coverage under the industrial stormwater general permit. The 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 permit can be accessed at http://www.ecy.wa.gov/programs/wq/stormwater/industrial/index.html.

Who will be Covered by the Permit? Industrial sites covered under the current general permit that submitted a renewal application to ecology since March 2007 will continue to have coverage under the revised permit unless otherwise notified by ecology.

Permit coverage is generally not required if all stormwater runoff is retained on-site (infiltrated) and cannot enter surface waters of the state under any condition. A facility that discharges only to ground need not seek coverage under this permit, unless ecology determines the facility is a significant contributor of pollutants to ground water.

Anyone with knowledge of why a specific site should or should not receive coverage under this general permit may also contact ecology.

Geographic Area: This general permit applies statewide.

Applying for a Permit: All new industrial sites or facilities without permits within the industrial categories identified in 40 C.F.R. 122.26 (b)(14)(i) through (xi) that discharge stormwater runoff to surface water must apply for permit coverage. The list of industries can be accessed at http://www.ecy.wa.gov/programs/wq/stormwater/industrial/indust_list.html.

To obtain coverage under the general permit, applicants must submit a complete permit application to ecology. Applicants can request or download an application from ecology. The application is available online at http://www.ecy.wa.gov/biblio/ecy02084.html.

Applicants must comply with WAC 173-226-130(5) and publish a public notice for two consecutive weeks (with a seven-day time span) in a newspaper that has general circulation in the county in which the construction is to take place. The thirty-day public comment period required by WAC 173-226-130(4) begins on the publication date of the second public notice. Unless ecology responds to the complete application in writing, based on public comments, or any other relevant factors, coverage under the general permit will commence on the thirty-first day following receipt by ecology of a completed application, or the issuance date of this permit, whichever is later.

For application-related requests, please contact the permit administrator for the area your facility is located in:


If your facility is located in: Contact the following staff:
City of Seattle, Kitsap, Pierce, or Thurston County Charles Gilman

(360) 407-7451

chgi461@ecy.wa.gov

Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille, Skagit, Snohomish, Spokane, Stevens, Walla Walla, Whatcom, or Whitman County Carrol Johnston

(360) 407-6437

carr461@ecy.wa.gov

Benton, Chelan, Clallam, Clark, Cowlitz, Douglas, Grays Harbor, Jefferson, Kittitas, Klickitat, Lewis, Mason, Okanogan, Pacific, Skamania, Wahkiakum, or Yakima County Joyce Smith

(360) 407-6858

josm461@ecy.wa.gov

Island, King, or San Juan County Elaine Worthen

(360) 407-7229

ewor461@ecy.wa.gov


Or, you can write to Water Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

Appeals: The terms and conditions of this general permit may be appealed only by filing an appeal to the pollution control hearings board and by serving it upon the department of ecology at the addresses below. Appeals of the general permit must be made within thirty days of issuance or receipt whichever is later (see chapter 43.21B RCW). The procedures and requirements for the appeal process are contained in RCW 43.21.B310 [43.21B.310]. (RCW is the Revised Code of Washington).

If you choose to appeal this general permit, your notice of appeal must contain a copy of the permit.

Your appeal must be filed with The Pollution Control Hearings Board, 4224 6th Avenue S.E., RoweSix, Building 2, P.O. Box 40903, Lacey, WA 98504-0903.

Your appeal must also be served on Appeals Coordinator, Department of Ecology, P.O. Box 47608, Olympia, WA 98504-7608.

In addition, please send a copy of your appeal to Industrial Stormwater General Permit Manager, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

Individual Discharger Appeals: The terms and conditions of a general permit, as they apply to an individual discharger, can be appealed within thirty days of the effective date of coverage of that discharger (see chapter 43.21B RCW). This appeal is limited to the general permit's applicability or nonapplicability to a specific discharger.

If you choose to appeal coverage under this permit, your appeal must be filed with The Pollution Control Hearings Board, 4224 6th Avenue S.E., RoweSix, Building 2, P.O. Box 40903, Lacey, WA 98504-0903.

Your appeal must also be served on Appeals Coordinator, Department of Ecology, P.O. Box 47608, Olympia, WA 98504-7608.

In addition, please send a copy of your appeal to Industrial Stormwater General Permit Manager, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

Effective Date of the permit: This permit will be effective on September 15, 2007.

For Information About the General Permit: Julie Robertson, Water Quality Program, Washington State 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.

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.

Washington State Code Reviser's Office