WSR 09-12-120

DEPARTMENT OF ECOLOGY


[ Filed June 3, 2009, 10:49 a.m. ]


PUBLIC NOTICE

Announcing a Modification of the

Phase II Municipal Stormwater General Permit

for Eastern Washington



On June 17, 2009, the department of ecology (ecology) issues a permit modification of the "national pollutant discharge elimination system (NPDES) and state waste discharge general permit for discharges from small municipal separate stormwater sewers in eastern Washington." The permit is also known as the "eastern Washington phase II municipal stormwater permit." This eastern Washington phase II municipal stormwater permit modification becomes effective July 17, 2009.

What is regulated by this permit and who is affected? This permit regulates discharges to waters of the state from small municipal separate storm sewers pursuant to federal Water Pollution Control Act Title 22 United States Code, Section 1251 et seq., state Water Pollution Control Act, chapter 90.48 RCW, and Washington waste discharge general permit regulation WAC 173-226-130. The following cities, towns, and counties in eastern Washington are covered by this permit:

Cities and Towns: Asotin, Clarkston, East Wenatchee, Ellensburg, Kennewick, Moses Lake, Pasco, Pullman, Richland, Selah, Spokane, Spokane Valley, Sunnyside, Union Gap, Walla Walla, Wenatchee, West Richland and Yakima

Counties: Asotin, Chelan, Douglas, Franklin, Spokane, Walla Walla and Yakima.

This permit modification also applies to special purpose districts that are secondary permittees located within those jurisdictions.

Purpose of the General Permit Modification: The eastern Washington phase II municipal stormwater permit modification implements orders of the pollution control hearings board as outcomes of permit appeals, makes minor permit corrections and clarifications, and provides interim measures for financial relief in the following sections of the permit:


S4 Compliance with Standards.
S5 Stormwater Management Program for Cities, Towns and Counties.
S6 Stormwater Management Program for Secondary Permittees.
S7 Total Maximum Daily Load Requirements.
S8 Monitoring.
General Condition 3 Notification of Discharges Including Spills.
General Condition 20 Noncompliance Notification.
Definitions and Appendices 2, 3, and 4.

How to Obtain a Copy of the Permit: The modified permit, fact sheet, and response to comments are available online at http://www.ecy.wa.gov/programs/wq/stormwater/municipal/permitMOD.html. To obtain printed copies of the permit, fact sheet, and response to comments contact Jocelyn Winz, Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone (360) 407-7529, fax (360) 407-6426, e-mail jwin461@ecy.wa.gov.

Appeal Process: The modified portions of the permit may be appealed 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 issuance of the modification.

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

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

In addition, please send a copy of your notice of appeal to Kathleen Emmett, Water Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

Washington State Code Reviser's Office