WSR 20-05-087
DEPARTMENT OF ECOLOGY
[Filed February 19, 2020, 8:29 a.m.]
Reissuance of the Zostera japonica Management on Commercial Clam Beds in Willapa Bay General Permit
On March 4, 2020, the Washington department of ecology (ecology) will reissue the Zostera japonica (Z. japonica) management on commercial clam beds in Willapa Bay national pollutant discharge elimination system and state waste discharge general permit (Z. japonica permit). The Z. japonica permit becomes effective on April 3, 2020, and expires on March 3, 2025.
Purpose of the Permit: This permit conditionally authorizes the discharge of aquatically labeled products containing the active ingredient imazamox for the purpose of managing the noxious weed Z. japonica on commercial clam beds in Willapa Bay. State and federal water quality statutes do not allow the discharge of pollutants to waters of the state without permit coverage. This includes the addition of herbicides, their residues, and marker dyes, to water to manage aquatic plants such as Z. japonica. Ecology issues coverage under the Z. japonica permit when a shellfish grower decides to use an herbicide (imazamox) as a management method to control the nonnative eelgrass Z. japonica on their commercial clam beds in Willapa Bay. Commercial clam beds do not include geoduck or oyster beds. Physical and mechanical methods of Z. japonica control are not regulated by this permit.
Public Notice Process and Comments: Ecology accepted public comments on the draft permit and fact sheet from September 18, 2019, through November 4, 2019. Ecology held public workshops and hearings during this time. One hearing was located in South Bend, Washington on October 22, 2019. The other was held via online statewide webinar on October 21, 2019. Ecology received oral and written comments during the public comment period. The comments and ecology's responses are included in Appendix C of the fact sheet, the response to comments document.
Copies of the Permit: You may download copies of the final permit, fact sheet, response to comments, and other supporting documents online at https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Aquatic-pesticide-permits/Zostera-japonica-eelgrass-management. You may also request copies from Dena Jaskar at 360-407-6401 or email Dena.Jaskar@ecy.wa.gov.
Your Right to Appeal: You have a right to appeal the final general permit and the general permit coverage for a specific facility to the pollution control hearings board (PCHB). The appeal process is governed by chapters 43.21B RCW and 371-08 WAC.
Appeals of the general permit issuance must be filed within thirty days of issuance of the general permit. See the Appeal of the General Permit Focus Sheet for more information, at https://fortress.wa.gov/ecy/publications/documents/1710009.pdf.
Appeals of the general permit coverage for a specific facility must be filed within thirty days of the effective date of coverage. See the Appeal of a General Permit Coverage Focus Sheet for more information, at https://fortress.wa.gov/ecy/publications/documents/1710007.pdf.
Ecology Contact for Questions: Jon Jennings, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone 360-407-6283, email jonathan.jennings@ecy.wa.gov.
Assistance for Persons with Disabilities: To request Americans with Disabilities Act accommodation for disabilities, call ecology at 360-407-7285 or visit https://ecology.wa.gov/accessibility. People with impaired hearing may call Washington relay service at 711. People with speech disability may call TTY at 877-833-6341.
En Español: Para información en español, por favor comuníquese con Gustavo Ordóñez al 360-407-6619.