WSR 99-08-061

DEPARTMENT OF ECOLOGY


[ Filed April 2, 1999, 10:02 a.m. ]


Modification of Municipal Stormwater General Permits


The Washington Department of Ecology has made a decision to modify each of the 3 watershed-based municipal stormwater general permits:

The National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permits for Stormwater Discharges from the Municipal Separate Storm Sewers Located in:

1. The Cedar-Green Water Quality Management Area and the Portion of the Kitsap Water Quality Management Area Located in King County.

2. The South Puget Sound Water Quality Management Area and the Portion of the Kitsap Water Quality Management Area Located in Pierce County.

3. The Snohomish Water Quality Management Area and the Portion of the Skagit Water Quality Management Area Located in Snohomish County.

These permits currently authorize discharges of stormwater from municipal separate storm sewers owned or operated by the following municipalities and state agency:

King County

City of Seattle

Snohomish County

Pierce County

City of Tacoma

Washington State Department of Ecology (WSDOT [WSDOE])

Each permit is modified the same way. The modification deletes the deadline for submitting an updated stormwater management program for the next permit term. The deadline for submitting an updated stormwater management program will become a requirement of the next permit. The issuance date of the permit modification is April 7, 1999. The effective date of the permit modification is May 7, 1999.

Ecology is modifying these permits 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; 90.48.162 Waste disposal permits required of counties, municipalities and public corporations; and 90.48.260 Federal Clean Water Act--Department designated as state agency, authority--Powers, duties, and functions.

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 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.

Complete Text of Permit Modification:

Special Condition S10. REPORTING REQUIREMENTS.

A. Each permittee shall prepare an annual report to be submitted no later than 60 days after the permit issuance anniversary date during each year of the permit.

1. The reports submitted at the end of years one, two, three and five shall be brief status reports adequately addressing each of the sections required under Special Condition S10.B., below. The report submitted at the end of year four shall include a detailed evaluation of the effectiveness of the stormwater management program, and the information requested under Special Condition S10.B., below., and a proposed stormwater management program for the term of the next permit. The report submitted at the end of year four together with a Notice of Intent as required under Special Condition S4, shall constitute permit reapplication.

B. The annual report shall include the following sections:

8. Status of watershed-wide coordination and activities which the permittee has undertaken individually or jointly as part of Special Condition S7.B.7. The fourth-year report shall include proposed management measures to enhance regional coordination and/or address regional stormwater problems that will be implemented by the group of permittees and/or individual permittees during the term of the next permit.

Permit Modification--Public Comment

Public notice of the proposed permit modification was done by publication in the State Register on February 3, 1999, mailing to more than 3,000 individuals, and conducting a public workshop and hearing on March 9, 1999.

No formal comments were received on the proposed permit modification.

For More Information:

For more information on the permit modification, or to obtain a copy of Fact Sheet, call (360) 407-6457. A copy can also be obtained by going to the following address: Department of Ecology, Ann Wessel, Water Quality Program, 300 Desmond Drive, Lacey, WA.

Appeals: Pursuant to the provisions of chapter 43.21B RCW, any person feeling aggrieved by the department’s action with respect to this modification of the municipal stormwater general permits may file an appeal within 30 days of this notice. Appeals must be sent to: Pollution Control Hearings Board, P.O. Box 40903, Lacey, WA 98504-0903, or hand delivered to 4224 6th Avenue S.E., Building 2, Rowe Six, Lacey, WA.

Concurrently, a copy of the appeal must be sent to: The Department of Ecology, Water Quality Program, P.O. Box 47696, Olympia, WA 98504-7696.

Any appeal must contain the following in accordance with the rules of the hearings board:


a)The appellant’s name and address;
b)The date and number of the permit;
c)A description of the substance of the permit modification that is the subject of the appeal;
d)A clear, separate and concise statement of every error alleged to have been committed;
e)A clear and concise statement of facts upon which the requester relies to sustain his or her statements of error; and
f)A statement setting forth the relief sought.

Ecology is an equal opportunity agency. If you have special accommodation needs or require this document in an alternative format, please contact Ann Wessel at (360) 407-6457 or (360) 407-6006 (TDD).

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