WSR 09-03-112


[ Filed January 21, 2009, 11:55 a.m. ]


Final Issuance of the Washington State Department of Transportation Municipal Stormwater General Permit

Permit Issuance: The department of ecology (ecology) issued a general permit to the Washington state department of transportation (WSDOT) on February 4, 2009. The permit covers discharges from its municipal separate storm sewer system (MS4). MS4s are conveyances or a system of conveyances including roads with drainage systems, streets, catch basins, ditches, man-made channels, and storm drains. This permit will replace WSDOT's existing coverage under the Phase I Municipal general permits (WASM10001, WASM20001, and WASM30001) for the activities that WSDOT uses to manage stormwater runoff to surface waters of the state. The effective date of this permit is March 4, 2009.

Purpose to the Permit: State and federal regulations require WSDOT to have national pollutant discharge elimination system (NPDES) permit coverage in areas covered by Phase I and Phase II of the municipal stormwater permit program. This general permit will cover stormwater runoff from state highways, rest areas, park and ride lots, ferry terminals, and maintenance facilities. The permit addresses these legal requirements and regulates the discharge of pollutants to protect water quality in Washington state.

Public Notice Process and Comments: Ecology accepted public comment on the draft permit and fact sheet from May 21, 2008, until June 24, 2008. The permit incorporates by reference the 2008 updated highway runoff manual (HRM) and WSDOT's stormwater management program plan (SWMP). In addition, ecology and WSDOT have negotiated an implementing agreement (IA) that requires WSDOT to apply the HRM statewide.

Ecology held a hearing and workshop in Lacey, Washington on June 23, 2008. Ecology also held two workshops in Spokane and Bellevue. Ecology received written comments during the public comment period and addressed them in a response to comments included as appendix C in the fact sheet. The comments and the fact sheet are available for review at ecology's web site at

Requesting Copies of the Permit: You may request copies of the permit, the response to comments, and the fact sheet or download copies from the web site at

Ecology Contact: Bill Hashim, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6467, fax (360) 407-6426, e-mail

Appeal Options: The terms and conditions of this general permit, being issued February 4, 2009, 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). "RCW" is the Revised Code of Washington. The procedures and requirements for the appeal process are contained in RCW 43.21B.310. An appeal must be filed with the Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903; or the Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

The terms and conditions of a general permit, as they apply to an individual discharger, are also 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.

Washington State Code Reviser's Office