WSR 11-08-063

DEPARTMENT OF ECOLOGY


[ Filed April 6, 2011, 9:11 a.m. ]


PUBLIC NOTICE

Ecology Issues the New Aquatic Invasive

Species Management General Permit



New Permit Issued: On April 20, 2011, the Washington state department of ecology (ecology) will issue the new aquatic invasive species management general permit (permit).

Purpose of the Permit: The permit regulates the use of chemicals or control products for the management of aquatic invasive species animals and nonnative invasive marine algae in surface waters of Washington state. Ecology limits chemical application to marine and freshwater animals or marine algae. The permit will regulate the use of chemicals for potentially invasive aquatic species as determined by ecology in consultation with other agencies. This permit will allow for the treatment of early infestations and for small localized projects that may lead to the eradication of the invasive species from each site, or for the containment of the invasive species to one area or site.

Washington's water quality statutes and regulations do not allow the discharge of pollutants to waters of the state without permit coverage. Algaecides, herbicides, insecticides, molluscicides, piscicides and any other chemical or product appropriate for aquatic invasive species management are potential pollutants, and therefore require a discharge permit before application to surface waters. Ecology issues general permits in place of a series of individual permits when the permitted activities are similar.

Who Will Apply for Coverage? State agencies will apply for coverage under this permit prior to implementing their invasive aquatic animal control activities. The permittees for this permit are the Washington state departments of agriculture, fish and wildlife and natural resources. Agencies that receive coverage under the general permit must comply with the terms and conditions of the permit.

Ecology Contact: Kathy Hamel, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6562, fax (360) 407-6426, e-mail kathy.hamel@ecy.wa.gov.

Public Notice Process and Comments: Ecology accepted written comments on the draft permit, fact sheet, and environmental impact statement from April 21, 2010, until June 11, 2010. Ecology held one public workshop and hearing in Lacey, Washington, on June 7, 2010. Ecology received comments from thirteen entities. The comments and ecology's response to comments and other permit documents may be downloaded at http://www.ecy.wa.gov/programs/wq/pesticides/invasive.html.

You may request a copy of any of the documents from Julie Robertson at (360) 407-6575 or e-mail Julie.Robertson@ecy.wa.gov.

Your Right to Appeal the Permit: You have a right to appeal the content of the permit to the pollution control hearings board (PCHB) within thirty days of the date of receipt of this 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, within thirty days of the date of receipt of this letter you must:


File your appeal with the PCHB (see addresses below). Filing means actual receipt by the PCHB during regular business hours.

Serve a copy of your appeal 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:

Department of Ecology

Attn: Appeals Processing Desk

300 Desmond Drive S.E.

Lacey, WA 98503


Pollution Control Hearings Board

1111 Israel Road S.W.

Suite 301

Tumwater, WA 98501


Mailing Addresses:

Department of Ecology

Attn: Appeals Processing Desk

P.O. Box 47608

Olympia, WA 98504-7608


Pollution Control Hearings Board

P.O. Box 40903

Olympia, WA 98504-0903

Washington State Code Reviser's Office