WSR 99-20-116

DEPARTMENT OF ECOLOGY


[ Filed October 6, 1999, 9:33 a.m. ]


STATE-WIDE DAIRY WASTE GENERAL DISCHARGE PERMIT

PUBLIC NOTICE OF

TENTATIVE DETERMINATION



The Washington Department of Ecology (ecology) has tentatively determined it will reissue a state-wide National Pollutant Discharge Elimination System/State Dairy Waste general discharge permit to satisfy requirements of the federal Water Pollution Control Act as amended (Title 33 United States Code, Section 1251 et seq.) and the State Water Pollution Control Act (RCW 90.48.160 and 90.48.260). The original permit expired on September 2, 1999.

A commercial dairy farm is a facility engaged in the commercial production of milk from dairy cows. The permit will apply only to those commercial dairy farms requiring permit coverage. Dairy farms needing permit coverage are those that meet the definition of a concentrated animal feeding operation under 40 C.F.R. 122.23 or those meeting the definition of a concentrated dairy animal feeding operation under RCW 90.64.010(8) or 90.64.020. Generally, dairy farms that discharge manure or runoff contaminated with manure to surface waters will require permit coverage. It is expected the permit will be issued on January 10, 2000.

The purpose of the permit is to establish limitations on discharges of manure and wastewater to surface and groundwaters of the state. The limitations are necessary to protect current and future beneficial uses of waters of the state including domestic, industrial and agricultural water supplies, stock watering, fish and shellfish propagation and harvest, wildlife habitat, recreation and commerce and navigation.

In order to comply with conditions of the permit, a permitted dairy farm will need to manage wastewater in accordance with a dairy nutrient management plan developed specifically for the farm. The plan will need to meet the minimum elements for dairy nutrient management planning identified in the 1998 Dairy Nutrient Management Act, chapter 90.64 RCW. Discharges of manure and contaminated runoff to surface and groundwaters of the state will be restricted. It is expected that compliance with the permit will help restore those beneficial uses in those waters of the state that have been degraded due to existing discharges and also prevent future degradation.

Ecology has also prepared an economic impact analysis (EIA) to evaluate the draft permit in accordance with the wastewater discharge general permit rule, chapter 173-226 WAC. The EIA estimated the cost of compliance for both eastern and western Washington herd sizes of 100, 200, 400 and 700 milking animals. One analysis assumed no pollution control facilities were in place to examine the potential maximum costs incurred. The annualized cost per cow for compliance was highest for small herd sizes. The cost for compliance was significantly reduced for farms that already had some pollution control facilities in place and also took advantage of federal and state cost-share programs. Combination informational meetings and public hearings will be held at the following dates, locations and times.


Tuesday, November 23, 1999

Yakima Area Arboretum

1401 Arboretum Drive

Yakima, WA

Public Informational Meeting: 1 p.m. - 2 p.m.

Public Hearing: 2:30 p.m.


Tuesday, November 30, 1999

Northwest Washington Fairgrounds-Peoples Place

1775 Front Street

Lynden, WA

Public Informational Meeting: 1 p.m. - 2 p.m.

Public Hearing: 2:30 p.m.


Wednesday, December 1, 1999

McCollum Park

WSU Cooperative Extension Auditorium

600 128th Street Southeast

Everett, WA

Public Informational Meeting: 1 p.m. - 2 p.m.

Public Hearing: 2:30 p.m.


Friday, December 3, 1999

Centralia Community College

Main Cafeteria

600 West Locust

Centralia, WA

Public Informational Meeting: 6:30 p.m. - 7:30 p.m.

Public Hearing: 8 p.m.


Interested persons may obtain additional information and a listing of commercial dairy farms in Washington state at the following address: Department of Ecology, Water Quality Program, 300 Desmond Drive, Lacey, WA 98504-7600.

A fifty-two day comment period has been established for those persons wishing to provide comments from October 20, 1999, through December 10, 1999. Written comments and comments received at the public hearings will be considered in formulating the final determination on the draft permit. Written comments should be addressed to: Department of Ecology, Water Quality Program, P.O. Box 47600, Lacey, WA 98504-7600, Attn: Phil KauzLoric, phone (360) 407-6413, e-mail pkau461@ecy.wa.gov.

© Washington State Code Reviser's Office