WSR 07-18-080


[ Filed September 4, 2007, 3:55 p.m. ]


Public Workshops and Hearing to Accept Comments on the

Draft Modified Boatyard General Permit

Modifying the Boatyard General Permit: Ecology reissued the boatyard general permit in November 2005. The Northwest Marine Trade Association (NMTA) and the Puget Soundkeeper Alliance (PSA) appealed the permit. While under appeal the permit was modified (May 2006) to correct a mistake in the lake discharge benchmark. The pollution control hearings board (PCHB) heard the appeal in July 2006 and issued a decision on January 26, 2007. You can view the PCHB decision online at,151,06-034,040%20final.pdf.

The NMTA and the PSA appealed the decision of the PCHB to superior court in February 2007. The NMTA, the PSA and ecology reached a settlement in the appeal in July 2007. The settlement funds a pilot study to determine the efficiency of treatment for boatyard stormwater runoff. The settlement also requires a modification of the permit to incorporate some of the orders from the PCHB decision. The settlement agreement has been posted on the ecology boatyard general permit web site

Requesting Copies of the Draft Permit Modification: Beginning September 19, 2007, you can request copies of the draft modified permit and Appendix H (amendment to the fact sheet) or you can download copies from the web site; or contact Gary Bailey, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6433, fax (360) 407-6426, e-mail

Submitting Written and Oral Comments: Ecology will accept written and oral comments on the draft boatyard general permit and fact sheet. Comments by e-mail will be accepted. Comments should reference specific text when possible. Comments may address only: Modifications appropriate for the settlement agreement and the PCHB decision.

Submit written comments to: Gary Bailey, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600,

Written comments must be postmarked no later than 5 p.m., Friday, October 26, 2007. Oral comments may be presented by attending and testifying at the public hearing.

Public Workshops/Hearing: The public workshop and hearing on the draft modified general permit are scheduled to be held in Lacey, Washington on October 22, 2007, beginning at 2:00 p.m. The purpose of the workshop is to explain the modification of the general permit, and answer questions in order to facilitate meaningful testimony during the hearing. The purpose of the hearing is to provide an opportunity for people to give formal oral testimony and comments on the proposed permit.

The October 22, 2007, workshop and hearing will be held at the Department of Ecology Headquarters, Southwest Regional Office, 300 Desmond Drive, Lacey, WA 98503, (360) 407-6000.

Directions: Southbound on I-5: Take Martin Way exit 109, turn left onto Martin Way, at the third traffic light turn right onto Desmond Drive.

Directions: Northbound on I-5: Take Martin Way exit 109, turn right onto Martin Way, at the second traffic light turn right onto Desmond Drive.

Once on Desmond Drive, head uphill and at the intersection turn left and proceed along the front of the headquarters building. Proceed past a stop sign at the main entrance and find the visitors parking lot on the left.

Issuing the Modified Boatyard General Permit: The modified permit will be issued after ecology receives and considers all public comments. If public comments cause a substantial change in the permit conditions from the original draft permit, another public notice of draft and comment period may ensue.

Ecology expects to issue the general permit on or about November 28, 2007, if there is no substantial change to the draft. It will be effective thirty days later. When issued, a copy of the notice of issuance and ecology's responses to the comments will be sent to all persons who submitted written comment or gave public testimony.

Washington State Code Reviser's Office