WSR 09-06-088


[ Filed March 3, 2009, 3:30 p.m. ]


Announcing the Modifications of Phase I Municipal Stormwater General Permit for Public Review and Comment

The Proposed Permit Modification: The department of ecology (ecology) is proposing to issue a modified general permit for public review and comment on March 18, 2009, for the Phase I municipal stormwater general permit, issued on January 17, 2007. The proposed modification implements orders of the pollution control hearings board and settlement agreements as outcomes of permit appeals.

Purpose of the Municipal Stormwater General Permit: Federal and state water quality laws require a permit for the discharge of stormwater (see Federal Water Pollution Control Act Title 22 United States Code, Section 1251 et seq., state Water Pollution Control Act, chapter 90.48 RCW and Washington waste discharge general permit regulation, WAC 173-226-130). The permits address these legal requirements and control the discharge of pollutants to protect surface water and ground water quality in Washington state. The permits require municipalities and secondary permittees covered by the permit to develop and implement a stormwater management program to control stormwater runoff into and from their storm sewer system.

Applying for a Permit and Coverage Areas: The permit remains in effect during this modification process. Geographic areas of permit coverage are available at

Requesting Copies of the Proposed Permit Modification: Beginning March 18, 2009, you may request copies of the permit modification and fact sheet or download copies from the web site at

Ecology Contact: Julie Lowe, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6470, fax (360) 407-6426, e-mail

Submitting Written and Oral Comments: Ecology will accept written and oral comments on the draft permit and fact sheet until 5 p.m., May 1, 2009. Ecology prefers comments to be submitted by e-mail. Comments should reference the specific permit and specific text when possible.

Submit Written Comments To: Municipal Permit Comments, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail

Written comments must be postmarked no later than 5 p.m., May 1, 2009. You must send e-mail comments before 5 p.m., May 1, 2009. You may provide oral testimony at the public hearing.

Hearings and Workshops: The public hearing and workshop on the permit modifications are scheduled to be held in Tacoma, Washington. At the workshop ecology will explain the permit modification and answer questions. A hearing will immediately follow the workshop. The hearings will provide the opportunity for formal oral testimony and comments on the proposed permit(s).

April 23, 2009, 2 p.m., Tacoma, Pierce County Library System, 3005 112th Street East, Tacoma, WA, (253) 536-6500.

Ecology has scheduled two additional informational workshops in Phase I areas. For more information go to

Issuing the Final Modified Permits: After ecology receives and considers all public comments, it will issue the modified permit. If public comments cause a substantial change in the permit conditions from the original permit modification, another public notice of draft and comment period will occur. If there is no substantial change to the draft ecology expects to issue the modified permit in the summer of 2009. The permit will be effective thirty days later. When issued, ecology will send a copy of the notice of issuance and ecology's responses to the comments to all persons who submitted written comment or gave oral testimony at the public hearing.

Washington State Code Reviser's Office