WSR 07-24-071

DEPARTMENT OF ECOLOGY


[ Filed December 4, 2007, 3:55 p.m. ]


PUBLIC NOTICE

Announcement of Issuance of the Modified Boatyard General Permit



Introduction: The department of ecology (ecology) reissued the boatyard general permit in November 2005. The Northwest Marine Trade Association (NMTA) and the Puget Soundkeeper Alliance (PSA) appealed the permit. While under appeal, ecology modified the permit (May 2006) to correct a mistake in the lake discharge benchmark. The pollution control hearings board (PCHB) heard the appeal in July 2006 and issued a decision on January 26, 2007. You can view the PCHB decision online at http://www.eho.wa.gov/searchdocuments/2007%20Archive/pchb%2005-150,151,06-034,040%20final.pdf.

The NMTA and the PSA appealed the decision of the PCHB to superior court in February 2007. The NMTA, the PSA, and ecology reached a settlement in the appeal in July 2007. The settlement funds a pilot study to determine the efficiency of treatment for boatyard stormwater runoff. The settlement also requires a modification of the permit to incorporate some of the orders from the PCHB decision. The settlement agreement has been posted on the ecology boatyard general permit web site http://www.ecy.wa.gov/programs/wq/permits/boatyard/index.html.

Summary of the Public Involvement Process: On September 19, 2007, ecology published a public announcement of the draft permit in the Washington state register. Ecology sent letters to the permittees, government agencies, interested parties, and Washington state tribes and posted an announcement on ecology's web site. Ecology conducted a public workshop and hearing on the draft permit in Olympia on October 22, 2007. The public comment period closed October 26, 2007.

Ecology has prepared a response to comments, which is included in the fact sheet for the modified boatyard general permit (Appendix H). It includes ecology's response to all the comments submitted during the public comment period and notes those changes made to the draft modification. It is available from ecology's boatyard web site, or by request to the address following: Internet http://www.ecy.wa.gov/programs/wq/permits/boatyard/index.html, contact Gary Bailey, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6433, fax (360) 407-6426, e-mail gbai461@ecy.wa.gov.

Summary of Significant Changes to the Draft Permit as a Result of Public Comment:

1. Boatyards on Lake Union and the Ship Canal will have a limit of 55.6 ug/l for lead in stormwater runoff.

2. All boatyards must monitor for zinc and lead in their stormwater runoff.

3. Boatyards may seek alternatives to the requirement for the use of vacuum grinders.

4. Boatyards must cooperate with ecology in its conduct of a receiving water study.

Permit Coverage: Those facilities that have coverage under the current permit will continue to have coverage under the modified 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. Boatyards conducting the activities as described in the permit will be approved for coverage under this permit upon application unless reasons are provided to ecology to deny coverage.

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

Appeal Procedures: Pursuant to chapter 43.21B RCW, the new or changed terms and conditions of the modified 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 43.21B.310.

To Obtain Additional Information: Gary Bailey, Water Quality Program, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6433, fax (360) 407-6426, e-mail gbai461@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; or Northwest Regional Office, Water Quality Program, 3190 160th Avenue S.E., Bellevue, WA 98008-5452, phone (425) 649-7201.

If you need this information in an alternate format, please contact ecology at (360) 407-6401. 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