WSR 11-16-091


[ Filed August 2, 2011, 10:49 a.m. ]


Ecology Issues the New Modified Sand and Gravel

General Permit and Antidegradation Plan

New Modified Permit: The Washington state department of ecology (ecology) will release a final modified sand and gravel NPDES and state waste discharge general permit (permit) on August 17, 2011. Ecology accepted written and oral comments on the modified parts of the draft permit and on the draft antidegradation plan from June 1 to July 8, 2011.

Permit Modification: The sand and gravel general permit controls the discharge of pollutants from sand and gravel mining operations and related facilities into waters of the state. This general permit was reissued on August 4, 2010 (effective date October 1, 2010). The permit was appealed by the Puget Soundkeeper Alliance (PSA). The Washington Aggregates and Concrete Association (WACA) intervened in support of the permit. Ecology has reached a tentative settlement with PSA which is defined in the permit. A one page summary of changes is attached to the permit. One item of appeal was the antidegradation plan to comply with WAC 173-201A-300. Ecology concurrently released the draft antidegradation plan for the sand and gravel general permit.

Ecology Contact: Gary Bailey, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504, phone (360) 407-6433, fax (360) 407-6426, e-mail

Public Notice Process and Comments: Ecology accepted written and oral comments on the draft permit and antidegradation plan from June 1 until July 8, 2011. The public hearing and workshop on the permit was held in Lacey, Washington, on July 6, 2011, at 1 p.m. Ecology received comments from six entities. The comments and ecology's response to comments and other permit documents may be downloaded at

You may request a copy of the permit documents from Julie Robertson at (360) 407-6575 or by e-mail at

Your Right to Appeal this Permit Modification: You have a right to appeal the modified parts of this permit to the pollution control hearing[s] board (PCHB) within thirty days of the date of receipt of this notice. 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 this permit issuance notice:

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

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

Washington State Code Reviser's Office