WSR 15-22-102

DEPARTMENT OF ECOLOGY

[Filed November 4, 2015, 9:04 a.m.]

PUBLIC NOTICE

Announcing the Reissuance of the Construction Stormwater General Permit

The Washington state department of ecology (ecology) is reissuing the construction stormwater national pollutant discharge elimination system (NPDES) and state waste discharge general permit (permit). The current permit was issued December 1, 2010, and will expire on December 31, 2015.

The draft permit and fact sheet were available for review and public comment from July 1 through August 10, 2015 at 12 a.m. Ecology circulated statewide public notices in a manner designed to inform interested and potentially affected persons of the proposed permit. Ecology hosted six informational public workshops and one public hearing on the draft permit. During the public comment period, ecology received twenty-six written public comment letters and e-mails, and one person provided oral testimony. The public comments helped shape the final permit.

Applying for Coverage under the Permit: Construction sites covered under the existing permit that reapplied for permit coverage in 2015 will be covered under the new permit. New or unpermitted construction sites may obtain coverage under the permit by submitting a complete permit application to ecology and satisfying all applicable public notice and State Environmental Policy Act requirements (WAC 173-226-200). The application is available online at https://secureaccess.wa.gov.

Ecology's Response to Comments document (Addendum to Fact Sheet – Appendix D) includes a summary of public comments submitted during the public comment period, ecology's response to those comments and changes made to the final permit.

The final permit and Response to Comments is available online at http://www.ecy.wa.gov/programs/wq/stormwater/construction/index.html. You may request copies from Dena Jaskar at dena.jaskar@ecy.wa.gov or (360) 407-6401.

Changes to the Final General Permit: Based on the public comments, ecology made several changes to the final permit. However, the overall direction and intent of the permit has not changed. Ecology edited the general permit to make it more clear and concise. The final permit requires electronic submission of the notice of intent and the addition of Element 13 Protect Low Impact Development best management practices (BMP) in the stormwater pollution prevention plan (SWPPP).

Effective Date of Permit: Ecology issued the final permit on November 18, 2015, with an effective date of January 1, 2016.

Appeals: Persons have a right to appeal the final permit to the Pollution Control Hearings Board (PCHB) within thirty days of the date of receipt. The appeal process is governed by chapter 43.21B RCW and chapter 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.

Street Addresses: Department of Ecology, Attn: Appeals Processing Desk, 300 Desmond Drive S.E., Lacey, WA 98503 and 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 and Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903.