WSR 12-15-059


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


Announcing the Phase I and II Western Washington Municipal Stormwater General Permits

Municipal Stormwater Permits: On August 1, 2012, the Washington state department of ecology (ecology) issued Phase I and Phase II Western Washington national pollutant discharge elimination system (NPDES) municipal stormwater general permits (permits). Ecology previously issued the two current permits January 17, 2007.

RCW 90.48.260 directs ecology to reissue the Phase II Western Washington permits as follows:

Reissue the existing Western Washington Phase II permit without modification to become effective beginning September 1, 2012, and
Reissue the updated Western Washington Phase II permit to become effective beginning August 1, 2013.

Ecology is reissuing the Phase I permit with modifications to monitoring requirements to become effective on September 1, 2012, and is also issuing an updated Phase I permit to become effective beginning August 1, 2013.

Purpose of the Permits: These permits are required in urban areas that collect stormwater runoff in municipal separate storm sewers and discharge it to surface waters. 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 Permit: The permits, response to comments, and fact sheets 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 sheets from October 19, 2011, to February 3, 2012. Ecology accepted oral comments at three public hearings preceded by workshops. These hearings were held in Lacey, Renton, and Vancouver, 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 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