WSR 09-12-121

DEPARTMENT OF ECOLOGY


[ Filed June 3, 2009, 10:50 a.m. ]


PUBLIC NOTICE

Announcing a Modification of the

Municipal Stormwater Phase I General Permit



On June 17, 2009, the department of ecology (ecology) issues a permit modification for the "national pollutant discharge elimination system and state waste discharge general permit for discharges from large and medium municipal separate stormwater sewers." The permit is also referred to as the "phase I municipal stormwater permit," or the "phase I permit." This phase I municipal stormwater permit modification becomes effective on July 17, 2009.

What Is Regulated by this Permit and Who Is Affected? The phase I permit regulates discharges to waters of the state from large and medium 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.

This phase I municipal stormwater permit modification applies to the cities of Seattle and Tacoma and the unincorporated areas of Clark, King, Pierce, and Snohomish counties. This permit modfication [modification] also applies to special purpose districts that are located within those jurisdictions that are secondary permittees, including the Ports of Tacoma and Seattle.

Purpose of the Permit Modification: The phase I permit modification implements orders of the pollution control hearings board and settlement agreements 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.
S6 Co-Permittees and Secondary Permittees.
S7 Compliance with Total Maximum Daily Load Requirements.
S8 Monitoring.
S9 Reporting Requirements.
General Condition 3 Notification of Discharges Including Spills.
General Condition 20 Noncompliance Notification.
Definitions.
Appendices 1, 2, 3, 4, 9 and adds Appendix 10.

How to Obtain a Copy of the Permit: The final phase I 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 final Phase I 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 [the] Appeals Coordinator, 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