Brief Description: Exempting certain minor new construction associated with construction storm water general permits from SEPA.

Sponsors: Senators Hatfield, Swecker, Delvin, Regala, Schoesler, Morton, Pridemore and Rasmussen; by request of Department of Ecology.

Senate Committee on Water, Energy & Telecommunications
House Committee on Ecology & Parks

Background: Construction projects must comply with the requirements of the State Environmental Policy Act (SEPA) when they are issued a waste discharge permit by the Department of Ecology (Ecology). This requirement applies to construction projects that disturb one or more acres of land and are covered by an Ecology construction stormwater discharge permit. Until 2005 construction projects that disturbed less than five acres of land did not require a construction stormwater permit from Ecology, nor were they required to comply with the requirements of SEPA. When Ecology adopted new construction stormwater permit requirements in 2005 to meet more stringent federal stormwater requirements, the exemption from SEPA for construction projects that disturbed less than five acres of land was not retained.

Summary: Construction projects that disturb less than five acres of land and require an Ecology construction stormwater discharge permit are exempt from SEPA. The exemption does not apply if Ecology determines by rule that instances warranting SEPA review exist.

Votes on Final Passage:

Senate      48   0
House      94   0

Effective: June 12, 2008