WSR 10-14-114


[ Filed July 7, 2010, 9:16 a.m. ]


Announcing the Draft Construction Stormwater General Permit for Review and Comment

The construction stormwater NPDES and state waste discharge general permit (CSWGP), issued by the Washington state department of ecology (ecology) on November 16, 2005, will expire on December 16, 2010. Ecology has prepared a draft CSWGP for public review and comment and is proposing to issue a revised CSWGP on December 1, 2010. Ecology will host five informational workshops and public hearings, and accept written and oral comments on the draft permit, fact sheet, and notice of intent (permit coverage application) from July 21, 2010 to September 10, 2010.

Purpose of the Permit: The proposed permit authorizes the discharge of stormwater and nonstormwater associated with construction activity. The permit covers all areas of Washington state, except for federal and most tribal lands (the permit does cover the Puyallup Reservation).

The proposed CSWGP limits the discharge of pollutants to surface waters under the authority of the Federal Water Pollution Control Act (U.S.C.S. 1251) and limits the discharge of pollutants to surface and groundwater under the authority of chapter 90.48 RCW. Currently, 2,309 construction sites are covered under the CSWGP.

New or unpermitted construction sites may obtain coverage under the CSWGP by submitting a complete notice of intent (permit coverage application) to ecology and satisfying all applicable public notice and State Environmental Policy Act (SEPA) requirements (WAC 173-226-200).

Summary of the Economic Impact Analysis: In accordance with WAC 173-226-120, ecology prepared an economic impact analysis (EIA) for the revised permit. The analysis finds that the cost of compliance with the draft general permit is disproportionate based on business size. On a cost-per-employee basis, the costs are generally greater for small businesses than for large firms. Cost-minimizing features have been included in the draft general permit in order to reduce the burden on small business.

Copies of the Draft Permit Documents: You may download a copy of the permit, fact sheet, economic impact analysis, and notice of intent at

You may request a copy of the permit, fact sheet, economic impact analysis, and notice of intent from Julie Robertson at (360) 407-6575 or by e-mail at

Submitting Written Comments: Ecology will accept written comments on the draft permit, fact sheet, and notice of intent postmarked by midnight, September 10, 2010. Ecology prefers comments be submitted by e-mail. E-mailed comments must contain the commenter's name and postal address and be submitted by midnight, September 10, 2010. Comments should reference the CSWGP and specific text (page number and line number) when possible.

Submit e-mail comments to

Submit written comments to Sharleen Bakeman, Permit Comments, Water Quality Program, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504.

Submitting Oral Comments: You may provide oral testimony at any of the public hearings. A series of workshops and public hearings on the permit is scheduled to be held as noted in the list below. At the workshop, ecology will explain the draft permit and answer questions. A public hearing will follow the workshop immediately, and will provide the opportunity for formal oral testimony and comments on the proposed permit.

Hearings and Workshops: On August 23, 2010, at 1:00 p.m., at the Washington State School for the Blind, 2214 East 13th Street, Vancouver, WA; on August 25, 2010, at 1:00 p.m., at the Pierce County Parks and Recreation, Sprinker Recreation Center, 3112 Lakewood Drive S.W., Lakewood, WA; on August 27, 2010, at 1:00 p.m., at the Skagit Public Utility District, 1415 Freeway Drive, Mount Vernon, WA; on August 31, 2010, at 1:00 p.m., at the S.E. Yakima Community Center, 1211 South 7th Street, Yakima, WA; and on September 1, 2010, at 1:00 p.m., at the City of Spokane Valley, CenterPlace, 2426 Discovery Place, Spokane Valley, WA.

Issuing the Permit: After ecology receives and considers all public comments, it will issue the final permit. Ecology expects to issue the permit December 1, 2010. A copy of the notice of issuance and ecology's responses to public comments will be sent to all persons who submitted written comment or gave public testimony.

Washington State Code Reviser's Office