WSR 16-24-077
[Filed December 6, 2016, 3:13 p.m.]
Announcing a Draft Zostera Japonica Management on Commercial Clam Beds in Willapa Bay General Permit Modification for Review and Comment
Proposed Permit Modification: The Washington state department of ecology (ecology) is proposing to modify the Zostera japonica management on commercial clam beds in Willapa Bay general permit.
This permit prohibits the discharge of imazamox and marker dyes after the third year of permit issuance, requiring ecology to modify the permit to allow continued discharge. To determine the appropriate buffer distance to implement in this permit, ecology required that the permittees conduct the buffer width study as described in Appendix B of the fact sheet. Based upon the study results, ecology is proposing to modify this permit to allow continued discharge of imazamox after the third year of issuance (Special Condition S1.A).
State and federal water quality statutes and regulations do not allow the discharge of pollutants to waters of the state without permit coverage. The herbicides allowed for use in the proposed permit modification are potential pollutants, and therefore require a discharge permit before application to waters of the state of Washington. Ecology issues general permits in place of a series of individual permits when the permitted activities are similar.
Purpose of the Permit: The Zostera Japonica management on commercial clam beds in Willapa Bay general permit is a national pollutant discharge elimination system (NPDES) permit, which regulates the discharge of the aquatic herbicide imazamox for the purpose of managing the noxious weed Zostera japonica (Z. japonica) in Willapa Bay. The permit covers all Z. japonica management activities that result in a discharge of aquatic herbicides containing the active ingredient imazamox and maker [marker] dyes from treatment of commercial clam beds to surface waters of the state of Washington. Coverage under the proposed general permit will be available to licensed pesticide applicators with an aquatic endorsement and their sponsor who plan to use imazamox to control Z. japonica on commercial clam beds in Willapa Bay.
Copies of the Draft Permit Modifications: You may download copies of the draft permit and the fact sheet starting on December 7, 2016, from the following web site You may request copies of the documents from Nathan Lubliner at or (360) 407-6563.
Submitting Written Comments: Ecology will accept written comments on the draft permit and fact sheet until 5 p.m., February 3, 2017. Please note, comments will only be accepted for modified sections of the permit. Ecology prefers comments be submitted through the comment form on the permit web page. Comments should reference specific permit text when possible.
Submit by Comment Form:
Submit Comments by Mail To: Nathan Lubliner, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696.
You must provide comments before 5 p.m., February 3, 2017. Written comments must be postmarked no later than 5 p.m., February 3, 2017.
Ecology Contact: Nathan Lubliner, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone (360) 407-6563, e-mail
Workshop and Public Hearing: The workshop and hearing will be an event at which you may learn about and provide formal comments on the draft NPDES general permit modifications for the Zostera japonica management on commercial clam beds in Willapa Bay general permit.
The purpose of the workshop is to explain the general permit modifications to answer questions prior to the formal public hearing. The purpose of the hearing is to provide an opportunity for people to give formal oral testimony and comments on the proposed draft permit modifications. Written comments will receive the same consideration as oral testimony. There will be two public workshops and hearings as listed below. The public hearing will begin immediately following the public workshop and will conclude when public testimony is complete.
January 24, 2017 – 1 p.m.
Washington State Department
   of Ecology
300 Desmond Drive
Lacey, WA 98503-1274
January 26, 2017 – 10 a.m.
Willapa Harbor Community
916 West First Street
South Bend, WA 98586
The January 24, 2017, workshop and hearing may also be attended as a webinar where individuals may view the presentation and provide testimony via computer or mobile device. To register for the webinar go to Once the host approves your request, you will receive a confirmation e-mail with instructions for joining the meeting.
Issuing the Permit: The final decision on permit modification will be made after ecology receives and considers all public comments. If public comments cause a substantial change in the permit conditions from the original draft permit modification, another public notice of draft and comment period may ensue. Ecology expects to issue the general permit in spring 2017.