WSR 19-10-024
[Filed April 23, 2019, 10:24 a.m.]
Announcing the Modification of the Fresh Fruit Packing Industry General Permit
Permit: The Washington state department of ecology (ecology) is modifying the fresh fruit packing industry National Pollutant Discharge Eliminate System and state waste discharge general permit (permit). The modified permit will be in effect for the remainder of the permit term. The modified permit will be effective July 1, 2019, and will expire August 31, 2021.
Purpose of the Permit: The purpose of the fresh fruit packing industry general permit is to regulate the discharge of wastewater from fresh fruit packing facilities. The modified permit meets the requirements of chapters 90.48, 90.52, and 90.54 RCW as amended, and the Federal Water Pollution Control Act (Title 33 United States Code, Section 1251 et seq.) as amended. All requirements of 40 Code of Federal Regulations (C.F.R.) 122.41 and 122.42 are incorporated in this modified general permit by reference. This general permit modification added a postharvest fungicide, two water treatment chemicals, and establishes treatment/disposal methods, effluent limits, and best management practices for discharges with the added products from the fresh fruit packing industry. Compliance with this general permit is anticipated to protect human health and waters of the state.
Summary of Public Involvement: A public notice of the draft modified permit was published in the legal section of the Yakima Herald-Republic and the Wenatchee Daily World on March 6 and 26, 2019; and in the Washington State Register (WSR 16-09-074) on March 6 and 29, 2019. A mailing containing this notice was sent to all current permittees and other interested parties. A public comment period for the draft modified general permit and supporting documents was held from March 6 through April 22, 2019. Ecology held a public workshop on April 9, 2019, in Union Gap. A public hearing was also held on April 9, 2019, at the central region office in Union Gap.
Copies of Permit and Fact Sheet: The final modified permit and fact sheet addendum may be downloaded at; or you may request a copy from Cynthia Huwe, 509-457-7105 or email
Applying for Coverage Under the Modified Permit: Facilities that applied for coverage and are covered under the existing general permit will also be covered under the new modified permit. Facilities with existing coverages must contact ecology to begin using the products added in the modification process. New or unpermitted facilities may obtain coverage under the modified permit by submitting a complete permit application to ecology and satisfying all applicable public notice and State Environmental Policy Act requirements (WAC 173-226-200). The application for coverage is available online at
Appeal Procedures: In accordance with chapter 43.21B RCW, the terms and conditions modified in this general permit may be appealed within thirty days of the issuance of the modified permit. Only those portions of the general permit modified are available to be appealed. An appeal must be filed in writing to both the pollution control hearings board and ecology at the address provided below. Appeals may not be delivered by email.
The terms and conditions that were modified in this general permit, as they apply to an individual discharger, may be appealed within thirty days of the effective date of coverage of that discharger, in accordance with chapter 43.21B RCW. This type of appeal is limited to that portion of the general permit that was modified and the applicability or nonapplicability to a specific discharger.
Street Address: Pollution Control Hearings Board, 1111 Israel Road S.W., Suite 301, Tumwater, WA 98501; or the Department of Ecology, Attn: Appeals Processing Desk, 300 Desmond Drive S.E., Lacey, WA 98503.
Mailing Address: Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903; or the Department of Ecology, Attn: Appeals Processing Desk, P.O. Box 47608, Olympia, WA 98504-7608.
Further Information: Contact Marcia Porter at or 509-454-7864 or at 1250 West Alder Street, Union Gap, WA 98903-0009.