WSR 17-08-051

DEPARTMENT OF ECOLOGY

[Filed March 31, 2017, 8:53 a.m.]

PUBLIC NOTICE

Announcing the Modification of the Zostera Japonica Management on Commercial Clam Beds in Willapa Bay General Permit

PERMIT: The Washington state department of ecology (ecology) is modifying the Zostera japonica management on commercial clam beds in Willapa Bay general permit (permit). This permit modification becomes effective on May 18, 2017, and expires May 2, 2019.

State and federal water quality regulations do not allow the discharge of pollutants to waters of the state without permit coverage. Herbicide products used for management of Zostera japonica (Z. japonica) are potential pollutants, and therefore require a discharge permit before application to dewatered clam beds. Ecology issues general permits in place of a series of individual permits when the permitted activities are similar.

PURPOSE OF THE PERMIT: This permit regulates the discharge of the aquatic herbicide imazamox for the purpose of managing the noxious weed Z. japonica on commercial clam beds 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 dyes from treatment of commercial clam beds to surface waters of the state of Washington. Coverage under this general permit will be available to pesticide applicators with an aquatic license and their sponsor who plan to use imazamox to control Z. japonica on commercial clam beds in Willapa Bay.

PERMIT AND SUPPORTING DOCUMENTS: Ecology accepted public comment on the draft permit modification and fact sheet addendum from December 7, 2016, until March 7, 2017. Ecology held a webinar and public workshop and hearing in Lacey, Washington, on January 24, 2017, and a public workshop and hearing in South Bend, Washington, on January 26, 2017. Ecology received oral and written comments during the public comment period and responded to these comments in an addendum to the fact sheet.

You may download copies of the permit, the response to comments, and the fact sheet from the ecology web site at http://www.ecy.wa.gov/programs/wq/pesticides/eelgrass.html. You may also request hardcopies of the documents from Nathan Lubliner at nathan.lubliner@ecy.wa.gov or (360) 407-6563.

ECOLOGY CONTACT: Nathan Lubliner, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone (360) 407-6563, email nathan.lubliner@ecy.wa.gov.

APPEALS: This permit may be appealed to the pollution control hearings board (PCHB) within thirty days of the date of receipt of the final permit. 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; or 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; or Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903.