WSR 12-05-099


[ Filed February 21, 2012, 9:46 a.m. ]


Announcing the Issuance of the Modified Washington State Department of Transportation Municipal Stormwater Permit

Permit Modification: The department of ecology (ecology) issued a new modified permit to the Washington state department of transportation (WSDOT) on March 7, 2012 [2011].

Ecology issued a permit originally to WSDOT on February 4, 2009. A minor modification was made to this permit on May 1, 2009, to correct minor, nonsubstantive errors found after permit issuance. 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.

A second modification added 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.

The second permit modification required ecology to modify or issue an administrative order establishing new TMDL-related permit requirements for WSDOT at least every eighteen months. The proposed draft modifications make substantive changes to the permit including adding new TMDL-related permit requirements in Appendix 3, making references to the 2011 updated Highway Runoff Manual (HRM) instead of 2008 HRM, and updating the Stormwater Management Program Plan (SMPP) in Appendix 7.

Copies of the Permit: You may download a copy of the permit and other documents at

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

Ecology Contact: Foroozan Labib, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6439, fax (360) 407-6426, e-mail

Public Notice Process: Ecology accepted written comments on the draft permit and fact sheet from November 16 until December 23, 2011. Ecology held a public workshop and hearing in Lacey, Washington, on December 19, 2011. The comments and ecology's response to comments and other permit documents are available on-line at

Your Right to Appeal the Permit: You have a right to appeal this permit to the pollution control hearing[s] board (PCHB) within thirty days of the date of receipt of this notice. The appeal process is governed by chapters 43.21B RCW and 371-08 WAC. "Date of receipt" is defined in RCW 43.21B.001(2).

To appeal you must do the following within thirty days of the date of receipt of this permit issuance notice:

File your appeal and a copy of this notice with the PCHB (see addresses below). Filing means actual receipt by the PCHB during regular business hours.
Serve a copy of your appeal and this notice on ecology in paper form - by mail or in person. (See addresses below.) E-mail is not accepted.
Address and Location Information
Street Addresses Mailing Addresses
Department of Ecology

Attn: Appeals Processing Desk

300 Desmond Drive S.E.

Lacey, WA 98503

Department of Ecology

Attn: Appeals Processing Desk

P.O. Box 47608

Olympia, WA 98504-7608

Pollution Control Hearings Board

1111 Israel Road S.W.

Suite 301

Tumwater, WA 98501

Pollution Control Hearings Board

P.O. Box 40903

Olympia, WA 98504-0903

Washington State Code Reviser's Office