WSR 12-15-060


[ Filed July 17, 2012, 11:32 a.m. ]


Announcing the Phase II Eastern Washington Municipal Stormwater General Permits

Municipal Stormwater Permits: On August 1, 2012, the Washington state department of ecology (ecology) issued two Phase II Eastern Washington national pollutant discharge elimination system (NPDES) municipal stormwater general permits (permits). Ecology previously issued the current permit January 17, 2007. As required by RCW 90.48.260 ecology is issuing two permits:

The existing Eastern Washington Phase II permit without modification to be effective beginning September 1, 2012, and
The updated Eastern Washington Phase II permit to become effective beginning August 1, 2014.

Purpose of the Permits: The permits apply to all regulated small municipal separate storm sewer systems. A municipal separate storm sewer system (MS4) is a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels and/or storm drains which is:

1. Owned or operated by a city, town, county, district, association, or other public body created pursuant to state law having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as sewer districts, flood control districts or drainage districts, or similar entity;

2. Designed or used for collecting or conveying stormwater;

3. Not a combined sewer system; and

4. Not part of a publicly owned treatment works (POTW) (see 40 C.F.R. 122.2).

Copies of the Permits: The permits, response to comments, and fact sheet are available on-line You may request copies from Kim Adams, (360) 407-6401 or e-mail

Public Notice Process and Comments: Ecology accepted written comments on the draft permits and fact sheet from October 19, 2011, to February 3, 2012. Ecology accepted oral comments at two public hearings preceded by workshops. These hearings were held in Ellensburg and Spokane Valley, Washington. Ecology held four additional public workshops without hearings across the state.

Your Right to Appeal the Permits: You have a right to appeal the new permits 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 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