WSR 97-18-077

DEPARTMENT OF ECOLOGY

[Filed September 3, 1997, 10:35 a.m.]

Introduction: Ecology is proposing to modify the existing stormwater general permit for construction activities, issued on November 18, 1995. The proposed modification will remove the permit exemption for construction projects owned by municipalities with a population of less than 100,000. The modification does not change any other permit requirements and does not affect any projects already subject to permit coverage. Ecology plans to reissue the modified construction general permit by November 21, 1997.

Rationale for the Modification: Ecology's stormwater general permit for construction activities is required by federal regulations (40 CFR, Parts 122, 123, 124 Subchapter D which implements the Federal Clean Water Act 1987, Section 402(p)). The goal of ecology's permit is to minimize erosion and sediment runoff and other impacts to surface waters from construction activities.

Ecology's construction permit is required for any clearing, grading, or excavating activities which will disturb five acres or more of land area and which will discharge stormwater from the site into surface water(s), or into storm drainage systems which discharge to a surface water. Typical municipally owned construction projects would include roads, parks, schools and other public buildings. Consistent with federal rules, the permit exempted from coverage these projects owned by municipalities having populations less than 100,000.

In its decision re Pollution Control Hearings Board (PCHB) No. 95-141, Save Lake Sammamish v. Ecology & DOT, the PCHB ordered ecology to "issue a modified permit extending coverage under the general permit for construction activities to municipalities within the state with populations under 100,000." This permit modification is proposed in order to comply with the PCHB's order.

Public Workshop/Hearing: Public workshops and hearings on the proposed modification to the stormwater general permit for construction activities will be held on October 15, 16, 21 and 23. The purpose of the workshops is to explain the modification, answer questions, and facilitate meaningful testimony during the hearing. The purpose of the hearings is to provide interested parties an opportunity to give formal oral testimony and comment on the proposed modification.

The workshops and hearings will be held at the following locations:

Wednesday, October 15, 1997

Ecology's Eastern Regional Office

2nd Floor Conference Room

4601 North Monroe, Suite 100

Spokane, WA

(509) 456-2926

Thursday, October 16, 1997

Ecology's Central Regional Office

Seafoam Conference Room

15 West Yakima Avenue, Suite 200

Yakima, WA

(509) 575-2490

Tuesday, October 21, 1997

Ecology Headquarters Building

Auditorium - ROA 32

300 Desmond Drive

Lacey, WA

(360) 407-6400

Thursday, October 23, 1997

Ecology's Northwest Regional Office

Conference Room 1C

3190 160th Avenue S.E.

Bellevue, WA

(425) 649-7000

The public workshops will begin at 1:45 p.m. and last until 2:45 p.m. The formal public hearings will begin at 3:00 p.m. and close at 5:00 p.m.

How to Request Copies of the Modified Permit: Request for copies of the modified stormwater general permit for construction activities and fact sheet may be made by calling the stormwater documents request line at (360) 407-7156.

Where to Submit Written Comments: If you wish to comment on the proposed modification you may send your written comments to the following address:

Written comments must be postmarked no later than Friday, November 7, 1997.

Final Determination: A final determination to reissue this modified permit will not be made until ecology evaluates all the public testimony and written comments received pursuant to this notice. If ecology reissues the modified stormwater general permit for construction activities, a copy of the final determination and the responsiveness summary will be sent to all parties who submitted written comments or gave public testimony.