WSR 09-12-122


[ Filed June 3, 2009, 10:51 a.m. ]


Announcing Modification of the

Phase II Municipal Stormwater Permit Modification

for Western Washington

On June 17, 2009, the department of ecology (ecology) is issuing a general permit modification of the "national pollutant discharge elimination system (NPDES) and state waste discharge general permit for discharges from small municipal separate stormwater sewers in western Washington." The permit is also referred to as the "western Washington phase II municipal stormwater permit." This western Washington phase II municipal stormwater permit modification becomes effective on July 17, 2009.

What Is Regulated by this Permit and Who Is Affected? This permit regulates discharges to waters of the state from small municipal separate storm sewers pursuant to 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 following cities, towns, and counties in western Washington are covered by this permit:

Cities and Towns: Aberdeen, Algona, Anacortes, Arlington, Auburn, Bainbridge Island, Battle Ground, Bellevue, Bellingham, Black Diamond, Bonney Lake, Bothell, Bremerton, Brier, Buckley, Burien, Burlington, Camas, Centralia, Clyde Hill, Covington, Des Moines, DuPont, Duvall, Edgewood, Edmonds, Enumclaw, Everett, Federal Way, Ferndale, Fife, Fircrest, Gig Harbor, Granite Falls, Issaquah, Kelso, Kenmore, Kent, Kirkland, Lacey, Lake Forest Park, Lake Stevens, Lakewood, Longview, Lynnwood, Maple Valley, Marysville, Medina, Mercer Island, Mill Creek, Milton, Monroe, Mountlake Terrace, Mount Vernon, Mukilteo, Newcastle, Normandy Park, Oak Harbor, Olympia, Orting, Pacific, Port Angeles, Port Orchard, Poulsbo, Puyallup, Redmond, Renton, Sammamish, SeaTac, Sedro-Woolley, Shoreline, Snohomish, Steilacoom, Sumner, Tukwila, Tumwater, University Place, Vancouver, Washougal, and Woodinville.

Counties: Cowlitz, Kitsap, Thurston, Skagit, and Whatcom.

This permit modification also applies to special purpose districts that are secondary permittees located within those jurisdictions.

Purpose of the Permit Modification: The western Washington phase II municipal stormwater permit modification implements orders of the pollution control hearings board as outcomes of permit appeals, makes minor permit corrections, and provides interim measures for financial relief in the following sections:

S4 Compliance with Standards.
S5 Stormwater Management Program for Cities, Towns and Counties.
S6 Stormwater Management Program for Secondary Permittees.
S7 Compliance with Total Maximum Daily Load Requirements.
S8 Monitoring.
S9 Reporting Requirements.
General Condition 3 Notification of Discharges Including Spills.
General Condition 20 Noncompliance Notification.
Definitions and Appendices 1, 2, 3, 4, and 7.

How to Obtain a Copy of the Permit Modification: The modified permit, fact sheet, and response to comments are available online at To obtain printed copies of the permit, fact sheet, and response to comments contact Jocelyn Winz, Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone (360) 407-7529, fax (360) 407-6426, e-mail

Appeal Process: The modified portions of the permit may be appealed within thirty days. Pursuant to chapter 43.21B RCW, appeals must be filed with the pollution control hearings board and served on the department of ecology within thirty days of issuance of the modification.

Your notice of appeal must be filed with the Pollution Control Hearings Board, 4224 6th Avenue S.E., Rowe Six, Building 2, P.O. Box 40903, Lacey, WA 98504-0903.

Your notice of appeal must also be served on [the] Appeals Coordinator, Department of Ecology, P.O. Box 47608, Olympia, WA 98504-7608.

In addition, please send a copy of your notice of appeal to Kathleen Emmett, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

Washington State Code Reviser's Office