WSR 10-09-092


[ Filed April 20, 2010, 2:59 p.m. ]


Final Issuance of the Modified Washington State

Department of Transportation Municipal Stormwater

General Permit

Permit Modification Issuance: The department of ecology (ecology) issued a general permit to the Washington state department of transportation (WSDOT) on February 4, 2009. The permit covers discharges from its municipal separate storm sewer system (MS4). MS4s are conveyances or a system of conveyances including roads with drainage systems, streets, catch basins, ditches, man-made channels, and storm drains. The effective date of this permit was March 6, 2009.

Ecology issued a modified final permit May 5, 2010. The modification adds substantive language to the permit as a result of a settlement agreement between the departments of ecology and transportation and Puget Soundkeeper Alliance. Permit sections modified include: S6.C, S7. E.2.d., S8.E., Appendix 7, Stormwater Management Program Plan, Sections 3 and 3.1, 5.4, 6.2, and Appendix 3, Applicable TMDL Requirements.

Purpose to the Permit: State and federal regulations require WSDOT to have national pollutant discharge elimination system (NPDES) permit coverage in areas covered by Phase I and Phase II of the municipal stormwater permit program. This permit covers stormwater runoff from state highways, rest areas, park and ride lots, ferry terminals, and maintenance facilities. The permit addresses these legal requirements and regulates the discharge of pollutants to protect water quality in Washington state.

Public Notice Process and Comments: Ecology accepted public comment on the draft permit and fact sheet from February 17, 2010, until March 31, 2010. Ecology held a hearing and workshop in Lacey, Washington on March 29, 2010. Ecology received written comments during the public comment period and responded to these comments in a response to comments appended to the fact sheet. The comments and the fact sheet are available for review at ecology's web site at

Copies of the Permit: You may download a copy of the permit, response to comments, or fact sheet at

Or you may request a copy of the permit or fact sheet from Julie Robertson at (360) 407-6575 or by e-mail at

Ecology Contact: Kathleen Emmett, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-7386, fax (360) 407-6426, e-mail

Appeal Options: The terms and conditions of this general permit, being issued May 5, 2010, may be appealed only by filing an appeal to the pollution control hearings board and by serving it upon the department of ecology at the addresses below. Appeals of the permit must be made within thirty days of issuance or receipt, whichever is later (see chapter 43.21B RCW). (RCW is the Revised Code of Washington). The procedures and requirements for the appeal process are contained in RCW 43.21B.310. An appeal must be filed with the Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903; or the Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

This appeal is limited to the modified portions of the permit.

Washington State Code Reviser's Office