WSR 08-04-098

DEPARTMENT OF ECOLOGY


[ Filed February 5, 2008, 3:51 p.m. ]


PUBLIC NOTICE


Announcing permit issuance of the General Permit for Aquatic Weed Control in Irrigation Systems.



On February 20, 2008, the department of ecology is issuing a general permit to cover pesticide use in irrigation systems. The permit is called the "Irrigation System Aquatic Weed Control National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit."

Purpose of the Permit: The permit covers the discharge of pesticides used in irrigation systems in Washington state. Pesticides are used to control plant and algae growth. Under the Washington State Water pollution Control Act, a permit is required to discharge pollutants that alter the biological or chemical characteristics of a water body. The permit addresses these legal requirements and regulates the discharge of pollutants to protect water quality in Washington.

Ecology issues a general permit in place of a series of individual permits for similar permitted activities. Individual activities that receive coverage under the general permit must comply with the terms and conditions of the permit.

The permit covers irrigation districts and other irrigation water suppliers who apply for coverage under the permit. The permit is statewide. The permit will be effective on March 21, 2008.

Changes from the Draft to the Final General Permit: Ecology made numerous changes to improve clarity and readability of the permit. Ecology made the following significant changes to the permit based on public comments:

Changed March 2008 dates to April 2008 to allow permittees more time to comply with requirements.
Added wording to make it clear that effluent limits applied at the point of compliance.
Clarified the twenty-four hour averaging in the copper compliance schedule.
Clarified the sample timing requirements.
Added a clause explaining how to treat overlapping treatments when taking samples.
Added detail to the travel time requirements.
Added detail to the annual treatment report requirements.
Applying for a Permit: Irrigation districts that completed a permit application in October 2006 through January 2007 will be covered under the permit. The following entities applied for permit coverage:

1. Cascade Irrigation District

2. Columbia Irrigation District

3. East Columbia Basin Irrigation District

4. Ellensburg Water Company

5. Kennewick Irrigation District

6. Kittitas Reclamation District

7. Naches-Selah Irrigation District

8. Quincy-Columbia Basin Irrigation District

9. Roza Irrigation District

10. Selah-Moxee Irrigation District

11. South Columbia Basin Irrigation District

12. Sunnyside Valley Irrigation District

13. Union Gap Irrigation District

14. Wenatchee Reclamation District

15. Westside Irrigating Company

16. Yakima-Tieton Irrigation District.

New or currently nonpermitted facilities may obtain coverage under the permit by submitting a complete permit application to the department of ecology. Application forms are available from the department of ecology.

Requesting Copies of the Permit: You can request copies of the permit, fact sheet, and application by contacting Andrew Kolosseus, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-7543, fax (360) 407-6426, e-mail akol461@ecy.wa.gov.

The permit and fact sheet are also available online at www.ecy.wa.gov/programs/wq/pesticides/irrigation/irrigation_index.html.

Public Comments: The department of ecology held a public comment period from November 7, 2007, to January 11, 2008. Ecology held public workshops and public hearings in Kennewick on December 10, 2007, and in Ellensburg on December 11, 2007. Ecology is issuing the final permit after considering all public comments.

Appeal Process: You may appeal the permit within thirty days. Pursuant to chapter 43.21B RCW, appeals must be filed with the pollution control hearings board and served on the department of ecology within thirty days of receipt of the permit.

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

In addition, please send a copy of your notice of appeal to the Department of Ecology, Andrew Kolosseus, P.O. Box 47600, Olympia, WA 98504-7600.

Washington State Code Reviser's Office