WSR 98-06-091

DEPARTMENT OF ECOLOGY

[Filed March 4, 1998, 11:34 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. 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 & 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." 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. Ecology initially proposed to remove the permit exemption for construction projects owned by municipalities with a population less than 100,000. The initial 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. As a result of comments received, ecology extended the comment period to December 18, 1997, and changed the proposed adoption date to January 9, 1998.

Current Status: Ecology received additional comments from the Washington State Association of Counties and the Association of Washington Cities requesting that the department remove the exemption only for those municipalities draining into Lake Sammamish, leaving intact the exemption for all other municipalities under 100,000 population.

Proposed Action: We propose to continue the comment period on the proposed permit modification, allowing public comment on the recommended action, which would limit additional permit coverage to only those municipalities draining into Lake Sammamish and continue to exempt all other municipalities under 100,000 population. This extended comment period will end on April 30, 1998. A public hearing will be held April 21, 1998, from 3 p.m. to 5 p.m. at Ecology's Northwest Regional Office in Bellevue. Assistance for persons with disabilities is available by calling (TDD) (360) 407-6006. Ecology will publish a notice in the Washington State Register and provide notification to those persons who attended the initial workshops and hearings. In addition, ecology will provide notice to local government elected officials and public works departments as well as a broad range of environmental, business, and construction groups and other potentially affected parties.