WSR 02-10-044


[ Filed April 25, 2002, 1:18 p.m. ]

Ecology to Rewrite and Reissue Construction Stormwater General Permit

The Washington State Department of Ecology (ecology) is beginning a process to update and reissue the NPDES and state waste discharge general permit for stormwater discharges associated with construction activities known as the "construction stormwater general permit."

Ecology issued the current construction stormwater general permit on October 4, 2000. The permit was appealed by a coalition of environmental groups (Puget Soundkeeper Alliance, Waste Action Project, Washington Public Employees for Environmental Responsibility, Resources for Sustainable Communities, and Citizens for a Healthy Bay). The appellants charged that the permits and fact sheets did not meet the intent of the Clean Water Act, regulations promulgated by the Environmental Protection Agency, and the Washington state water pollution control law. The Washington Department of Transportation and the Association of Washington Business later intervened on behalf of ecology.

The parties to the case have entered into a settlement agreement that stipulates that the construction stormwater general permit must be revised and reissued according to specified dates. The agreement identifies issues that must be addressed and requires ecology to form a public advisory committee for the reissuance of the construction stormwater general permit. The appellants and intervenors to the case will be invited to join the advisory committee to review and comment on the draft permit prior to public release.

A final draft construction stormwater general permit will be released for public comment no later than September 4, 2002. This will initiate the beginning of the public comment period, during which time written comments on the permit will be accepted. Several public workshops and hearings will take place around the state during October 2002. The settlement agreement requires that the final permit and fact sheet be reissued no later than December 18, 2002. When the construction stormwater general permit becomes final, the appeal will be dismissed.

Schedule for Reissued Construction Stormwater General Permit
Form a public advisory committee June 3, 2002
Release final draft for public comment September 4, 2002
Conduct public workshops/hearings October 2002
Reissue construction stormwater general permit December 18, 2002

Additional information on the construction stormwater general permit reissue will be posted on an ecology web page, as it becomes available,

Questions should be directed to Jeff Killelea at (360) 407-6127, by e-mail at, or may be mailed to Department of Ecology, Attn: Jeff Killelea, P.O. Box 47600, Olympia, WA 98504-7600.

Washington State Code Reviser's Office