WSR 11-19-086


[ Filed September 20, 2011, 10:08 a.m. ]


Announcing a Draft Aquatic Noxious Weed Management General Permit for Review and Comment

Proposed Permit: The Washington state department of ecology (ecology) is reissuing the aquatic noxious weed management general permit (permit). Ecology issued the current permit in 2008 and the revised permit will replace the current permit in 2012.

Purpose of the Permit: The aquatic noxious weed management general permit (permit) regulates the use of pesticides and other products applied to manage Washington state-listed noxious weeds and Washington state quarantine-listed weeds where pesticides or other products may indirectly enter the state's surface waters. An indirect application occurs when there may be inadvertent and incidental overspray or dripping of a chemical from the treated plants into waters of the state.

The permit covers all marine and freshwater activities that result in a discharge of herbicides, adjuvants, and marker dyes indirectly into streams, rivers, estuaries, marine areas, wetlands, along lake shorelines, and other wet areas. The permit also covers the treatment of noxious and quarantine-listed vegetation for roadside/ditch bank management activities where chemicals may indirectly enter the water. This permit does not apply to the in-water application of chemicals directly into lakes, ponds, streams, or rivers to manage freshwater noxious and quarantine-listed weeds. The aquatic plant and algae management general permit is the appropriate permit for any in-water projects.

Copies of the Draft Permit: You may download copies of the draft permit, supplemental environmental impact statement (covers the addition of five new herbicides to the permit), and the fact sheet from the following web site

You may request copies of the documents from Julie Robertson at (360) 407-6575 or by e-mail at

Ecology Contact: Kathy Hamel, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6562, e-mail

Submitting Written Comments: Ecology will accept written comments on the draft permit, fact sheet, and supplemental environmental impact statement until 5 p.m., November 18, 2011. Ecology prefers comments be submitted by e-mail to E-mailed comments must contain the commenter's name and postal address. Comments should reference specific permit text when possible.

Submit comments by e-mail to

Submit written comments to Kathy Hamel, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

You must send e-mail comments before 5 p.m., November 18, 2011. Written comments must be postmarked no later than 5 p.m., November 18, 2011.

Hearing and Workshop: Ecology will hold one public workshop and hearing on the draft general permit. The purpose of the workshop is to explain the general permit, 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 1:30 p.m. on November 10, 2011, and conclude when public testimony is complete.

November 10, 2011 (1:30 p.m.), Workshop and Hearing: Lacey Timberland Library, 500 College Street S.E., Lacey, WA 98503.

Issuing the Permit: The final 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 general permit in 2012.

Washington State Code Reviser's Office