WSR 05-21-139


[ Filed October 19, 2005, 10:42 a.m. ]

Announcement of Issuance of General Permit

for Boatyards

Introduction: On November 1, 2005, Washington State Department of Ecology (ecology) reissued the boatyard general permit, a national pollutant discharge elimination system (NPDES) and state waste discharge general permit for boatyards in Washington state. This permit will take effect on December 2, 2005. The permit implements the Federal Clean Water Act and State Water Pollution Control Act. The purpose of the permit is to control the discharge of pollutants from boatyards into waters of the state.

Boatyards conducting the following activities are required to obtain coverage under this permit: Pressure washing of boat hulls; bottom and top side painting; engine, prop, shaft, and rudder repair and replacement; hull repair, joinery, bilge cleaning; fuel and lubrication system repair or replacement; welding and grinding on the hull; buffing and waxing; top-side cleaning; MSD (marine sanitation device) repair or replacement, and other activities necessary to maintain a vessel.

Summary of Public Involvement Process: On May 18, 2005, ecology published a public announcement of draft permit in the Washington State Register (WSR 05-10-105), Olympia Olympian, the Aberdeen Daily World, Seattle Daily Journal of Commerce, and the Bellingham Herald. An announcement was also made available on ecology's web site. Public workshops and hearings on the draft permit were held in Olympia on June 21, 2005, and in Everett on June 22, 2005. The public comment period closed June 27, 2005.

Ecology has prepared a Response to Comments, which is included in the fact sheet for the boatyard general permit (Appendix G). It includes ecology's response to all the written comments submitted during the public comment period and notes those changes made to the draft permit. It is available from ecology's boatyard web site,, or by request to the addresses listed below.

Summary of Significant Changes to the Draft Permit as a Result of Public Comment:

- Allowance for minor (25%) topside work to be completed at float.

- Compliance schedule for vacuum sanding BMP removed.

- Conditionally approved nonstormwater discharges require monitoring and best management practices.

Permit Coverage: Those facilities that have coverage under the current permit, and have submitted their renewal application for the permit, will continue to have coverage under the revised permit unless otherwise notified by ecology. New or unpermitted facilities seeking permit coverage should request an application for coverage from the ecology regional office serving their site location. Boatyards conducting the activities as described will be approved for coverage under this permit upon application unless reasons are provided to ecology to deny coverage.

Anyone with knowledge of why a specific facility should or should not receive coverage under this general permit may contact the ecology regional office appropriate for the location of the facility.

A list of the boatyards covered under the existing permit is given in the permit fact sheet, Appendix G.

Application Process: Application is by submitting a completed application form to the appropriate Department of Ecology regional office and completing the public notice requirements. The application and public notice process is available at the web site address given above or from the Ecology Regional Office given below.

Appeal Procedures: Pursuant to chapter 43.21B RCW the terms and conditions of the permit may be appealed within thirty days of receipt. An appeal must be filed with the Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903. In addition, a copy of this appeal must be served on the Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600. The procedures and requirements for the appeal process are contained in RCW 43.21B.310.

The terms and conditions of a general permit, as they apply to an individual discharger, are appealable within thirty days of the effective date of coverage of that discharger, in accordance with chapter 43.21B RCW. This appeal is limited to the general permit's applicability or nonapplicability to a specific discharger.

To Obtain Additional Information: Gary Bailey, Water Quality Program, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6433, fax (360) 407-6426, e-mail

To Apply for Permit Coverage or Obtain Additional Information:

Southwest Regional Office Water Quality Program

P.O. Box 47775

Olympia, WA 98504-7775

phone (360) 407-6280

Northwest Regional Office

Water Quality Program

3190 160th Avenue S.E. Bellevue, WA 98008-5452

phone (425) 649-7201

Central Regional Office

Water Quality Program

15 West Yakima Avenue

Suite 200

Yakima, WA 98902-3401

phone (509) 454-7869

Eastern Regional Office

Water Quality Program

North 4601 Monroe

Suite 202

Spokane, WA 99205-1295

phone (509) 456-6310

If you need this information in an alternate format, please contact ecology at (360) 407-6404. If you are a person with a speech or hearing impairment, call 711 or 1-800-833-6388 for TTY.

Washington State Code Reviser's Office