WSR 17-03-119

DEPARTMENT OF ECOLOGY

[Filed January 18, 2017, 9:27 a.m.]

PUBLIC NOTICE

Announcing the Reissuance of the Concentrated Animal Feeding Operations (CAFO) National Pollution Discharge Elimination System (NPDES) and State Waste Discharge General Permit

PERMITS: The Washington state department of ecology (ecology) is reissuing the CAFO NPDES and state waste discharge general permit (permit). State and federal water quality statutes and regulations do not allow the discharge of pollutants to waters of the state without permit coverage. Ecology issues general permits in place of a series of individual permits when the permitted activities are similar.

The permit will be reissued as two separate permits, the CAFO state waste discharge general permit (state permit) and the CAFO NPDES and state waste discharge general permit (combined permit). Both the state and combined permits become effective on March 3, 2017, and expire March 2, 2022.

PURPOSE OF THE PERMITS: The state and combined permits regulate the discharge of pollutants such as manure, litter, or process wastewater from CAFOs into waters of the state.

The combined permit will conditionally authorize discharges to surface and groundwater. The state permit will conditionally authorize discharges only to groundwater. No surface water discharges are authorized under the state permit.

Coverage under a general permit will be available to facilities that meet the definition of a CAFO and that have a discharge or that voluntarily apply for permit coverage.

PERMIT AND SUPPORTING DOCUMENTS: Ecology accepted public comment on the draft state and combined permits, fact sheet, and notice of intent from June 15, 2015, until August 31, 2016.

Ecology held public workshops and hearings in Bellingham, Washington on July 26, 2016, Yakima, Washington on July 28, 2016, and an online webinar on July 27, 2016. Ecology received written comments during the public comment period and responded to these comments in Appendix C of the fact sheet.

You may download copies of the final permits, the response to comments, and the fact sheet from the ecology web site at http://www.ecy.wa.gov/programs/wq/permits/cafo/index.html. You may also request hardcopies of the documents from Jon Jennings at jonathan.jennings@ecy.wa.gov or (360) 407-6283.

ECOLOGY CONTACT: Jon Jennings, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone (360) 407-6283, email jonathan.jennings@ecy.wa.gov.

APPEALS: These permits may be appealed to the pollution control hearings board (PCHB) within thirty days of the date of receipt of either of the final permits. 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, the following must be done within thirty days of receipt of this permit:

•	File the appeal and a copy of this permit with PCHB (see addresses below). Filing means actual receipt by PCHB during regular business hours.
•	Serve a copy of the appeal and this permit on ecology in paper form - by mail or in person (see addresses below). Email is not accepted.

The appeal must also comply with other applicable requirements in chapters 43.21B RCW and 371-08 WAC.

ADDRESS AND LOCATION INFORMATION:

Street Addresses: Department of Ecology, Attn: Appeals Processing Desk, 300 Desmond Drive S.E., Lacey, WA 98503; and Pollution Control Hearings Board, 1111 Israel Road S.W., Suite 301, Tumwater, WA 98501.

Mailing Addresses: Department of Ecology, Attn: Appeals Processing Desk, P.O. Box 47608, Olympia, WA 98504-7608; and Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903.