WSR 97-23-078

DEPARTMENT OF ECOLOGY

[Filed November 19, 1997, 10:25 a.m.]

Continuance of Comment Period and Delayed Adoption of Modifications to the Stormwater General Permit for Construction Activities

Background and Summary of Issue: Ecology is proposing to modify the existing 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 less than 100,000. This permit modification is proposed to comply with an order issued by the Pollution Control Hearings Board (PCHB - No. 95-141, Save Lake Sammamish v. Ecology and Department of Transportation). 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." The modification does not change any other permit requirements and does not affect any projects already subject to permit coverage.

Ecology published the original notice in the Washington State Register (WSR 97-18-077) on September 17, 1997. The publication provided notice of public workshops and hearings, specified that the comment period would end on November 7, 1997, and proposed an adoption date of November 21, 1997.

Current Status: Ecology has received written requests from Washington State Association of Counties and the Association of Washington Cities asking for an extension of the comment period and a delay in the implementation of the permit modification. We have indicated that we would honor their request and extend the comment period and the proposed adoption date.

Proposed Action: We propose to extend the comment period from November 7, 1997, to December 18, 1997; and to change the adoption date from November 21, 1997, to January 9, 1997 [1998]. In addition to publishing notice in the Washington State Register, ecology will provide notice to those persons who attended the workshops and hearings and to organizations and individuals that were notified of the original workshops and hearings.