WSR 09-20-086

DEPARTMENT OF ECOLOGY


[ Filed October 6, 2009, 2:19 p.m. ]


PUBLIC NOTICE

Issuance of the Washington State Department of Ecology

Industrial Stormwater General Permit



Permit Issuance: The Washington state department of ecology (ecology) will issue the industrial stormwater NPDES and state waste discharge general permit (ISWGP) on October 21, 2009. The permit will be effective January 1, 2010.

Purpose of the Permit: Under federal and state water quality law (Federal Clean Water Act and State Water Pollution Control Act), a permit is required for the discharge of stormwater associated with industrial activities as defined in the Code of Federal Regulations (C.F.R.) at 40 C.F.R. Subpart 122.26 (b)(14)(i-xi, excluding x). The ISWGP provides coverage for over one thousand two hundred facilities in Washington state. Most facilities that discharge stormwater from industrial activity either directly or indirectly to surface water are required to obtain permit coverage for their discharge unless they apply for and receive a "no exposure" exemption.

Public Notice Process and the Response to Comments: The draft permit, fact sheet, and application were available for review and public comment from June 3, 2009, through July 15, 2009. Ecology held informational workshops and a public hearing on the draft permit. Ecology received over one hundred comment letters from stakeholders covering a wide range of issues. Ecology responded to the comments in Appendix C of the fact sheet, the Response to Comments. You may download the (Appendix C) Response to Comments from the web site at www.ecy.wa.gov/programs/wq/stormwater/industrial/index.html.

Or you may request copies from Julie Robertson at (360) 407-6575 or by e-mail at jrob461@ecy.wa.gov.

Applying for Coverage Under the Permit: Facilities that applied for coverage and are covered under the existing industrial stormwater general permit will be covered under the new permit. New or unpermitted facilities may obtain coverage under the general permit by submitting a complete permit application to ecology and satisfying all applicable public notice and State Environmental Policy Act (SEPA) requirements (WAC 173-226-200). The application is available online at http://www.ecy.wa.gov/biblio/ecy02084.html.

Requesting Copies of the Permit: You may download copies of the permit, fact sheet, or response to comments from the web site www.ecy.wa.gov/programs/wq/stormwater/industrial/index.html, or you may request copies from Julie Robertson at (360) 407-6575 or by e-mail at jrob461@ecy.wa.gov.

Appeal Options: The terms and conditions of this general permit, being issued October 21, 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