WSR 12-10-064


[ Filed May 1, 2012, 10:52 a.m. ]


Final Issuance of the Modified Industrial Stormwater General Permit

The Washington state department of ecology (ecology) has issued a final modified industrial stormwater national pollutant discharge elimination system and state waste discharge general permit (permit). The modified draft permit and fact sheet were available for review and public comment from February 1, 2012, to March 16, 2012. The modified permit is effective July 1, 2012, and is scheduled to expire in January 2015.

Purpose of the Permit: The permit provides coverage for industries located in Washington state that discharge stormwater associated with industrial activities. Under federal and state water quality law (Federal Clean Water Act and State Water Pollution Control Act), a permit is required for the discharge of wastewater. The federal definition of wastewater includes stormwater associated with industrial activities.

Most facilities that discharge stormwater from industrial activity either directly or indirectly to surface water are required to obtain permit authorization for their discharge unless they apply for and receive a "no exposure" exemption. Facilities with a "stormwater discharge associated with industrial activity," as defined in the Code of Federal Regulations (C.F.R.) at 40 C.F.R. Subpart 122.26 (b)(14)(i-xi, excluding x) are subject to coverage under the permit.

Applying for Coverage under the Permit: Facilities that are covered under the existing permit will automatically be covered under the new modified permit. New or unpermitted facilities may obtain coverage under the permit by submitting a complete permit application to ecology and satisfying all applicable public notice and State Environmental Policy Act requirements (WAC 173-226-200). The application is available on-line at

Copies of the Permit: The permit, response to comments, and fact sheet are available on-line at You may request copies from Julie Robertson at (360) 407-6575 or by e-mail

Public Notice Process and Comments: Ecology accepted written comments on the draft permit and fact sheet from February 1, 2012, to March 16, 2012. Ecology held four public workshops on the draft permit in Seattle, Vancouver, Mount Vernon, and Moses Lake. Ecology held one public hearing in Seattle on March 12, 2012.

Your Right to Appeal the Permit Modification: You have a right to appeal the permit modification 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