WSR 99-03-078

DEPARTMENT OF ECOLOGY

[Filed January 19, 1999, 4:33 p.m.]

Announcement of Proposed Modification

of Municipal Stormwater General Permits

Introduction: The Washington Department of Ecology (ecology) has tentatively decided to modify each of the three municipal stormwater general permits that currently authorize discharges of stormwater from municipal separate storm sewers owned or operated by the following municipalities and state agency:

Each permit would be modified in the same way. The purpose of the proposed modification is to delay the deadline for submitting updated stormwater management programs for the next permit term. The deadline for submitting updated stormwater management programs will become a requirement of the next permit.

Municipal stormwater permits are developed to meet the requirements of state statute and regulation and the requirements of section 402(p) of the federal Clean Water Act and regulations adopted by the Environmental Protection Agency (EPA) (Title 40 of the Code of Federal Regulations (CFR), Part 122). The federal laws require the entities named above to obtain an NPDES permit to discharge stormwater from a municipal separate storm sewer.

Ecology is taking these actions under authority granted it by the State Water Pollution Control Act, chapter 90.48 RCW. Applicable provisions of that statute include: RCW 90.48.030 Jurisdiction of department; RCW 90.48.162 Waste disposal permits required of counties, municipalities, and public corporations; and RCW 90.48.260 Federal Clean Water Act--Department designated as state agency, authority--Powers, duties, and functions.

Explanation; Purpose: Currently three general permits authorize the discharge of stormwater from municipal separate storm sewers, owned or operated by the permittees, to surface and ground waters of the state of Washington. These permits are scheduled to expire on July 5, 2000. Each of these permits requires the named permittees to develop and implement stormwater management programs, during the current permit term. At issue in the permit modification is the deadline for permittees to submit a proposed stormwater management program for the term of the next permit. The modification to the permit would amend Special Condition S10. A.1., and S10. B.8. to delete the requirement to submit the proposed stormwater management program by September 5, 1999. Ecology intends to include the requirement to submit the proposed stormwater management program in the next permit, scheduled for issuance in July 2000 (see the accompanying preliminary notice of intent to issue a new general permit). The permittees will be required to continue implementation of their existing stormwater programs until the new programs are approved.

There are two reasons for the proposed modification:

1) The public should have an opportunity to comment on what should be included in stormwater programs before they are developed. The next permit will include conditions defining stormwater program requirements. The public will have an opportunity to comment on the draft permit before it is issued in July 2000.

2) It is difficult and expensive to develop a new stormwater program. Without established permit requirements defining what is expected in a stormwater management program, a permittee may waste effort developing a program that does not meet subsequent permit requirements.

Permit Modification - Public Comment: Ecology is requesting comments on the draft permit modification. Only the conditions subject to modification are reopened for comments. Ecology will not respond to comments on other conditions of the permits.

Ecology has prepared a fact sheet that contains the complete text of the modification and other background information. Copies of the fact sheet can be obtained by calling Poppy Carre at (360) 407-6401, or on the internet at http://www.wa.gov/ecology/wq/stormwater/municipal.html. Copies will also be available at the public hearing.

On March 9, 1999, ecology will hold a public workshop and a public hearing on the proposed permit modification. The purpose of the public workshop is to explain the permit modification, answer questions, and facilitate meaningful testimony during the hearing. The purpose of the hearing is to provide interested parties an opportunity to give formal oral testimony and comments on the draft permit modification.

If you wish to comment on the proposed permit modification, you may also send your written comments to Poppy Carre, Water Quality Program, Washington Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, or e-mail at poca461@ecy.wa.gov, or fax (306) [360] 407-6426.

Written comments must be postmarked by March 12, 1999.

If you have any questions, please contact Ann Wessel at (360) 407-6457 or Poppy Carre at (360) 407-6401.

Permit Modification - Final Determination: Ecology intends to issue a final decision on the permit modification on or after March 31, 1999. A final decision to modify these permits will not be made until ecology evaluates all public testimony and written comments received pursuant to this notice. If ecology modifies the permits, a copy of the final decision and the responsiveness summary will be sent to all persons who submitted written comment or gave public testimony. In addition, ecology will publish a notice of the decision in the state register.

Ecology does not discriminate in its services. If you have special accommodation needs, please contact Department of Ecology, (360) 407-6401 (voice) and (360) 407-6006 (TDD).  

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