WSR 98-18-075

INTERPRETIVE STATEMENT

DEPARTMENT OF ECOLOGY

[Filed September 1, 1998, 9:52 a.m.]

interpretive statement

Purpose: In order to comply with RCW 34.05.230(4) of the Administrative Procedure Act, the Department of Ecology submits the following:

Document Title: Water Quality Program Policy No. 1-19 and Procedure No. 1-20 for the Use of Short Term Modifications.

Subject: Policy and procedure for ecology staff when issuing short term modifications or addressing activities previously regulated through short term modifications.

Document Description: This policy and procedure guides ecology staff in their issuance of permits and short term modifications and the appropriate use of best management practices concerning turbidity and pesticides. This follows revisions to ecology's enabling legislation (RCW 90.48.445) and the surface water quality standards (WAC 173-201A-100 and 173-201A-110). Guidance is provided on the revised total dissolved gas criteria (WAC 173-201A-060(4) and 173-201A-130), oil spill simulants and "duck derbies." The policy and procedure describes the following guidance:

(1) When the use of a short term modification is still appropriate;

(2) When it is appropriate to integrate modification language into other permits;

(3) Ecology will no longer be providing site-specific review, approval and conditioning of many construction-related projects less than five acres. Instead, best management practices (BMPs) must be used to meet water quality standards;

(4) Examples of situations where turbidity from in-water and out-of-water construction projects is regulated by revised dilution zones and BMPs;

(5) Examples of situations where permits or short term modifications are needed for applying herbicides to aquatic plants;

(6) Process of issuing aquatic pesticide experimental use permits (EUPs) by ecology and Washington State Department of Agriculture;

(7) How to apply the newly revised total dissolved gas criteria; and

(8) Permitting requirements for oil spill simulants and "duck derbies."

Effective Date: August 11, 1998.

To receive a copy of the interpretive statement contact Allen Moore, Water Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6563, fax (360) 407-6426, TDD (360) 407-6206, e-mail amoo461@ecy.wa.gov.

Responsible Official:

August 26, 1998

Megan White, P.E., Manager

Water Quality Program