WSR 10-23-116

DEPARTMENT OF ECOLOGY


[ Filed November 17, 2010, 9:51 a.m. ]


PUBLIC NOTICE

Announcing the Issuance of the New Construction Stormwater General Permit



New Construction Stormwater General Permit Issued: The Washington state department of ecology (ecology) will issue the 2010 construction stormwater general permit (general permit) on December 1, 2010. The Environmental Protection Agency (EPA) delegated authority to ecology for this general permit under the national pollutant discharge elimination system (NPDES) of the Clean Water Act.

Purpose of the construction stormwater general permit: Coverage under the general permit authorizes the discharge of stormwater and certain categories of nonstormwater associated with construction activity. The general permit limits the discharge of pollutants to surface waters under the authority of the Federal Water Pollution Control Act (U.S.C.S. 1251), and limits the discharge of pollutants to surface and ground water under the authority of chapter 90.48 RCW. The general permit covers all areas of Washington state, except for federal and most tribal lands.

Public Notice Process and Comments: Ecology hosted five informational workshops and public hearings and accepted written and oral comments on the draft permit, fact sheet, and notice of intent (application) from July 21, 2010, to September 10, 2010. Ecology also held a second public comment period from October 7 through November 8, 2010, for a draft antidegradation plan, which was in response to public comment on the permit. Ecology's response to comments and other permit documents may be downloaded at http://www.ecy.wa.gov/programs/wq/stormwater/construction/index.html. You may request a copy of any of the documents from Julie Robertson at (360) 407-6575, or e-mail at julie.robertson@ecy.wa.gov.

Your Right to Appeal the Construction Stormwater General Permit: You have a right to appeal the content of the 2010 construction stormwater general permit to the pollution control hearings board (PCHB) within thirty days of the date of receipt of your coverage letter. The appeal process is governed by chapters 43.21B RCW and 371-08 WAC. "Date of receipt" is defined in RCW 43.21B.001(2).

To appeal you must do the following within thirty days of the date of receipt of your coverage letter:

File your appeal and a copy of the coverage letter with the PCHB (see addresses below). Filing means actual receipt by the PCHB during regular business hours.
Serve a copy of your appeal and the permit coverage letter on ecology in paper form - by mail or in person. (See addresses below.) E-mail is not accepted.

You must also comply with other applicable requirements in chapters 43.21B RCW and 371-08 WAC.

Address and Location Information:

Street Addresses Mailing Addresses
Department of Ecology

Attn: Appeals Processing Desk

300 Desmond Drive S.E.

Lacey, WA 98503

Department of Ecology

Attn: Appeals Processing Desk

P.O. Box 47608

Olympia, WA 98504-7608

Pollution Control Hearings Board

1111 Israel Road S.W.

Suite 301

Tumwater, WA 98501

Pollution Control Hearings Board

P.O. Box 40903

Olympia, WA 98504-0903


Appeal of Site Permit Coverage: The terms and conditions of a general permit, as they apply to an individual discharger, may be appealed within thirty days of the effective date of coverage of that discharger (see chapter 43.21B RCW). This appeal is limited to the general permit's applicability or nonapplicability to a specific discharger. Appeals should be directed to the addresses above.

Washington State Code Reviser's Office