WSR 16-13-145

[Filed June 22, 2016, 9:56 a.m.]

The department of ecology (ecology) is reissuing the boatyard national pollutant discharge elimination system and state waste discharge general permit (permit). The previous permit was last issued in March 2011, was scheduled to expire on May 31, 2016, and was administratively continued until the new permit goes into effect. The new permit and fact sheet, which explains the technical basis for the permit, will be published on the ecology web site on July 6, 2016, and is available as described below. The new permit will be in effect from August 8, 2016, through July 31, 2021.

Purpose of the Permit: The permit provides coverage for discharges of treated pressure-wash wastewater and stormwater runoff from certain boatyards to waters of the state. Under federal and state water quality law (Federal Clean Water Act and State Water Pollution Control Act), a permit is required for the discharge of wastewater and stormwater runoff from certain specified industries, including boatyards. Boatyards must obtain permit authorization for their discharge if they: (1) Engage in the construction, repair, or maintenance of small vessels (boats or ships) where eighty-five percent of those vessels are sixty-five feet in length or less; or (2) generate more than eighty-five percent of their gross receipts from revenues returned from the construction, repair, or maintenance of those small vessels; and (3) discharge wastewater or stormwater runoff either directly or indirectly to surface water or groundwater.

Summary of Public Involvement: On March 16, 2016, ecology published the proposed permit and fact sheet on its web site, and announced in the state register and via more than two thousand five hundred e-mails to interested parties, the forty-five day public review and comment period (from March 16 through April 29, 2016). Ecology held two public workshops and hearings – at Everett Community College on April 19, 2016, and at ecology headquarters in Lacey, Washington, on April 20, 2016 – to discuss the draft documents and to receive oral and written comments. Ecology also accepted e-mailed and written comments during that forty-five 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/boatyard/index.html. You may also request copies from Dena Jaskar at (360) 407-6401 or by e-mail dena.jaskar@ecy.wa.gov.

Applying for Coverage under the Permit: Facilities that are covered under the existing permit and applied for coverage under the new 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). Application for coverage may be accomplished online through the "Water Quality Permitting Portal" located at http://www.ecy.wa.gov/programs/wq/permits/paris/portal.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.

Street Address: Pollution Control Hearings Board, 1111 Israel Road S.W., Suite 301, Tumwater, WA 98501; or Department of Ecology, Attn: Appeals Processing Desk, 300 Desmond Drive S.E., Lacey, WA 98503.

Mailing Address: Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903; or Department of Ecology, Attn: Appeals Processing Desk, P.O. Box 47608, Olympia, WA 98504-7608.

Questions: If you have questions, contact James M. Maroncelli, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, james.maroncelli@ecy.wa.gov.