WSR 16-14-063

[Filed June 30, 2016, 2:41 p.m.]

Permit: The Washington state department of ecology (ecology) is reissuing the fresh fruit packing industry NPDES and state waste discharge general permit (permit). The new permit will be in effect for a term of five years, from the effective date of September 1, 2016, through August 31, 2021.

Purpose of the Permit: The purpose of the fresh fruit packing industry general permit is to regulate the discharge of wastewater from fresh fruit packing facilities. This permit meets the requirements of chapters 90.48, 90.52, and 90.54 RCW as amended, and the Federal Water Pollution Control Act (FWPCA) (Title 33 United States Code, Section 1251 et seq.) as amended. All requirements of 40 Code of Federal Regulations (C.F.R.) 122.41 and 122.42 are incorporated in this general permit by reference. This general permit establishes treatment/disposal methods, effluent limits, and best management practices for discharges from the fresh fruit packing industry. Compliance with this general permit is anticipated to protect human health and waters of the state.

Summary of Public Involvement: A public notice of draft permit was published in the legal section of the Yakima Herald-Republic, the Wenatchee Daily World on May 4, 2016, and in the Washington State Register (WSR 16-09-074). A mailing containing this notice was sent to all current permittees and other interested parties. A public comment period for the draft permit and supporting documents was held from May 4 through June 17, 2016. Ecology held public workshops on May 18, 2016, in Union Gap and on May 19, 2016, in Leavenworth. A public hearing was held on June 9, 2016, at the Central Region Office in Union Gap.

Copies of Permit and Fact Sheet: The final permit and fact sheet may [be] downloaded at http://www.ecy.wa.gov/programs/wq/permits/fruit_packers/index.html; or you may request a copy from Cynthia Huwe, (509) 457-7105 or e-mail cynthia.huwe@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 http://www.ecy.wa.gov/programs/wq/permits/fruit_packers/index.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 address 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 the 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 the Department of Ecology, Attn: Appeals Processing Desk, P.O. Box 47608, Olympia, WA 98504-7608.

Further Information: Contact Sanjay Barik at sanjay.barik@ecy.wa.gov or (509) 454-4247; or Marcia Porter at marcia.porter@ecy.wa.gov or (509) 454-7864; or at 1250 West Alder Street, Union Gap, WA.