WSR 15-24-031

[Filed November 20, 2015, 1:15 p.m.]

Announcing the Issuance of the Upland Fin-Fish Hatching and Rearing National Pollutant Discharge Elimination System (NPDES) General Permit and Fact Sheet

The Washington state department of ecology (ecology) is reissuing the upland fin-fish hatching and rearing NPDES waste discharge general permit (permit). The previous permit expired on August 1, 2015, and was administratively extended. The new permit and fact sheet, which explains the technical bases for the permit, will be published on the ecology web site on December 16, 2015, and is available as described below. The new permit will be in effect for a term of five years, from the effective date of April 1, 2016, through March 31, 2021.

Purpose of the Permit: The permit implements the Federal Clean Water Act; the State Water Pollution Control Act; and chapter 172-221A [173-221A] WAC, Wastewater discharge standards and effluent limitations. The purpose of the upland fin-fish hatching and rearing general permit is to regulate the discharge of pollutants from upland fin-fish hatching and rearing facilities into waters of the state. Dischargers who require coverage under this permit include all state and private hatcheries that produce more than twenty thousand pounds of fish per year or feed more than five thousand pounds of feed per month. The permit contains best management practices and effluent limitations and monitoring requirements necessary to protect state water quality.

Summary of Public Involvement: On August 19, 2015, ecology published the proposed permit and fact sheet on its web site, and in the Washington State Register (WSR 15-16-111) and through about two hundred thirty-five e-mails and letters, announcing the sixty-one day public review and comment period (from August 19 through October 19, 2015). Ecology held a public workshop and hearing at its headquarters building in Lacey, Washington, on September 28, 2015, to discuss the draft documents and to receive oral and written comments. Ecology also accepted e-mailed comments during that sixty-one day period. Ecology responded to all of the comments, as described in the fact sheet.

Copies of the Permit and Fact Sheet: The new permit and fact sheet are available online at http://www.ecy.wa.gov/programs/wq/permits/fin_fish/index.html. You may also request copies from Tricia Miller at (425) 649-7201 or e-mail tmil461@ecy.wa.gov.

Applying for Coverage Under the Permit: Facilities that applied for coverage and are covered under the existing general permit will also be covered under the new permit. New or unpermitted facilities may obtain coverage under the new 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 for coverage is available online at https://fortress.wa.gov/ecy/publications/SummaryPages/ECY04072.html.

Appeal Procedures: In accordance with chapter 43.21B RCW, the terms and conditions of this permit may be appealed within thirty days of the issuance of the permit. An appeal must be filed in writing to both the pollution control hearings board and ecology at the addresses provided below. Appeals may not be delivered by e-mail.

The terms and conditions of this permit, as they apply to an individual discharger, may be appealed within thirty days of the effective date of coverage of that discharger, in accordance with chapter 43.21B RCW. This type of appeal is limited to the permit's applicability or nonapplicability to a specific discharger.

Ecology Contacts: Gerry Shervey, Ecology, NWRO, 3190 160th Avenue S.E., Bellevue, WA 98008-5452, gshe461@ecy.wa.gov; or Michael Hepp, Ecology, ERO, 4601 North Monroe Street, Spokane, WA 99205, mhep461@ecy.wa.gov.