WSR 12-02-064

DEPARTMENT OF ECOLOGY


[ Filed January 3, 2012, 1:36 p.m. ]


PUBLIC NOTICE

Ecology Issues the New Aquatic Noxious Weed Management General Permit



The Washington state department of ecology (ecology) issued the aquatic noxious weed management general permit (permit) January 18, 2012.

Purpose of the Permit: The permit regulates the use of pesticides and other products applied to manage Washington state-listed noxious weeds and Washington state quarantine-listed weeds where pesticides or other products may indirectly enter the state's surface waters. An indirect application occurs when there may be inadvertent and incidental overspray or dripping of a chemical from the treated plants into waters of the state.

The permit covers all marine and freshwater activities that result in a discharge of herbicides, adjuvants, and marker dyes indirectly into streams, rivers, estuaries, marine areas, wetlands, along lake shorelines, and other wet areas. The permit also covers the treatment of noxious and quarantine-listed vegetation for roadside/ditch bank management activities where chemicals may indirectly enter the water. This permit does not apply to the in-water application of chemicals directly into lakes, ponds, streams, or rivers to manage freshwater noxious and quarantine-listed weeds. The aquatic plant and algae management general permit is the appropriate permit for any in-water projects.

Copies of the Permit: You may download copies of the new permit, supplemental environmental impact statement (covers the addition of five new herbicides to the permit), and the fact sheet from the following web site www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/noxious/noxious_index.html.

You may request copies of the documents from Julie Robertson at (360) 407-6575 or by e-mail at julie.robertson@ecy.wa.gov.

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

Public Notice Process and Comments: Ecology accepted written comments on the draft permit, fact sheet, and supplemental environmental impact statement from October 5, 2011, until November 18, 2011. Ecology held one public hearing and workshop on the permit November 10, 2011, in Lacey, Washington. The comments and ecology's response to comments and other permit documents are available on-line at www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/noxious/noxious_index.html.

Your Right to Appeal the Permit: You have a right to appeal this permit to the pollution control hearing 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