WSR 08-22-094


[ Filed November 5, 2008, 9:11 a.m. ]


Public Workshop and Hearing to Accept Comments on the

Boatyard General Permit Modification

Revising the Boatyard General Permit: The current boatyard NPDES and state waste discharge general permit was issued by the Washington State department of ecology (ecology) on November 2, 2005. The permit was appealed by Northwest Marine Trade Association (NMTA) and the PugetSoundkeeper Alliance (PSA). The permit has been under appeal and settlement discussion since that time. Ecology is now proposing to modify the permit. This is notice of a draft permit modification available for public comment. The draft boatyard general permit modification and fact sheet under review have been approved by NMTA and PSA as a result of the appeal settlement. The review and comment period will run from November 19, 2008, until close of business on December 31, 2008. Ecology will host an informational workshop and a public hearing on the draft modification. Oral comments may be given at the public hearing. Ecology will also accept written comments on the draft permit modification and fact sheet.

Purpose of the Boatyard General Permit: The boatyard general permit provides coverage for industries located in Washington state that discharge stormwater from areas used to renew the bottom paint on boats. Under federal and state water quality law (Federal Clean Water Act and State Water Pollution Control Act), a permit is required for the discharge of wastewater, including stormwater. The proposed general permit addresses these legal requirements and controls the discharge of pollutants to protect surface water and ground water quality in Washington state.

A general permit is similar to an individual wastewater discharge permit except that it covers a group of facilities with similar operations. It implements the Federal Clean Water Act and State Water Pollution Control Act in a single permit. Individual facilities that receive coverage under the general permit are required to comply with the terms and conditions of the permit. Currently, one hundred thirty-two facilities are covered under the boatyard general permit.

Applying for a Boatyard Permit: Facilities covered under the existing boatyard general permit will continue to be covered under the modified permit.

Requesting Copies of the Permit: Beginning November 19, 2008, you can request copies of the draft permit modification and fact sheet or you can download copies from the web site below

Contact Ecology: 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 modification. Written comments must be postmarked no later than midnight, December 31, 2008. Oral comments may be presented by attending and testifying at the public hearing. Comments may be submitted by e-mail if the commenter includes name, address and telephone number in the comment e-mail. Comments should reference specific text when possible. Comments may address the following:

Technical issues,
Accuracy and completeness of information,
The scope of facilities proposed for coverage,
Adequacy of environmental protection and permit conditions, or
Any other concern that would result from issuance of the modified permit.
Submit written comments to Gary Bailey, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600,

Public Workshop/Hearing: The public workshop and hearing on the draft general permit is scheduled to be held in Lacey, Washington on December 22, 2008. The purpose of the workshop is to explain the general permit, explain the changes, 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. Written comments will receive the same consideration as oral testimony. The public workshop and hearing will begin at 1:00 p.m. and conclude when public testimony is completed.

The December 22, 2008 (1 p.m.) workshop and hearing will be held at the Lacey Timberland Regional Library, (360) 491-3860, 500 College Street S.E., Lacey, WA.

Issuing the Final Boatyard General Permit Modification: The final 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 modified general permit on or about March 1, 2009, if there is no substantial change to the draft. It will be effective thirty days later on April 1, 2009. 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. The response to comments will also be posted on ecology's boatyard web site at

Washington State Code Reviser's Office