Help/Assistance

For assistance information and materials please visit https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Sand-Gravel-General-Permit.

Other sources of help, information, and references:

Subject matter expert contact information:

https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Stormwater-permittee-guidance-resources/Sand-and-Gravel-Permit-guidance

Sand and Gravel General Permit for Portable Facilities - New

Description/Purpose

To ensure that portable concrete batch plants, asphalt batch plants, and rock crusher operations prevent pollution within their process water, stormwater and mine dewatering water discharges to groundwater or surface water. A portable facility can operate anywhere within Washington State as long as it is in compliance with permit conditions.

This permit is required under federal and state water quality law (Federal Clean Water Act and (State Water Pollution Control Act).

Triggers and activities which would require this permit

Portable rock crushing operations, concrete batch plants, and asphalt batch plants that have a discharge of process wastewater, stormwater, or mine dewatering water. The Department of Ecology (Ecology) requires a permit whenever a portable facility:

  • Operates at a location that does not have permit coverage for the activity the portable will be performing.
  • Operates at a location that does not have active operating status.
  • Produces crushed rock or washed gravel for forest management if a discernable, confined, and discrete conveyance discharges pollutants to surface waters of the state.
Explanation/Description of costs/fees, including statutory, regulatory, or other legal authority for fees

Permit fees are set by rule and are found in Washington Administrative Code (WAC) 173-224 (see Sand & Gravel—General Permit Coverage, d. Portable Operations). The typical annual fee is around $2,500. Fee amounts change each year, so please consult the WAC or contact the Fee Unit at (800) 633-6193 (option 2) or wqfee_unit@ecy.wa.gov for current fees.

The fee rule also includes a provision for fee reduction based on economic hardship. Rules for fee reduction and the amount of the reduction may change over time. We encourage you to consult the fee rule referenced above or contact the Fee Unit to determine if your operation is eligible for an economic hardship fee reduction.

Application Information

The application is called 'Notice of Intent (NOI)' is online and can be accessed at https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Sand-Gravel-General-Permit.

For each site portable operations must submit a form notifying Ecology when beginning work at a new location. This is called the “Portable Beginning of Operation Notice” and can be accessed at https://fortress.wa.gov/ecy/publications/summarypages/ecy07036.html.

Note that a new facility wanting coverage under this permit must conduct a public notice announcement in the newspaper. The applicant must publish public notice once each week for two consecutive weeks (twice), at least seven days apart, in a newspaper of general circulation within the county in which the discharge is proposed. Coverage may be issued 30 days after the second public notice.

Permit coverage cannot be issued to a new facility unless applicable State Environmental Policy Act (SEPA) requirements have been satisfied. SEPA review, city permits, and county permits must include the activity that the portable facility will be performing. All air quality requirements must also be met.

A complete application must also include certification that the public notice requirements have been met. If comments are received during the public comment period, Ecology must review and respond to the comments and take them into consideration when making the decision to issue or deny permit coverage.

To the Department of Ecology, requires an electronic application using Ecology's eNOI system: https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Sand-Gravel-General-Permit.

Ecology reissues all sand and gravel permits every 5 years. All facilities with permit coverage must reapply for coverage 180 days before the expiration date. The current permit expires on March 31, 2021.

You have a right to appeal this permit coverage to the Pollution Control Hearings Board (PCHB) within 30 days of issuance of this general permit. The appeal process is governed by Chapter 43.21B RCW, Chapter 173-226 WAC, and Chapter 371-08 WAC. “Date of receipt” is defined in RCW 43.21B.001(2).

To appeal you must do both of the following within 30 days after the date of receipt of issuance of this general permit:

  • File your appeal and a copy of the permit cover page with the Pollution Control Hearings Board (PCHB) during regular business hours.
  • Serve a copy of your appeal and the permit cover page on Ecology in paper form, by mail or in person. E-mail is not accepted.

Consideration of an appeal of general permit coverage of an individual discharger is limited to the general permit’s applicability or inapplicability to that individual discharger.

Permit Timeliness Results

Permit Timeliness data collection is in response to a State Auditor’s Performance Audit and RCW 43.42A. Each regulatory agency developed a plan to improve permit clarity, predictability, and timeliness. Each agency considers the customers experience to ensure permit assistance is simple to use, easy to access, and designed in a customer-friendly manner. Agencies report progress to the Governor’s Office for Regulatory Innovation and Assistance (ORIA). ORIA prepares and distributes reports, with participation from the State Auditor’s Office and Results Washington. See latest report here: https://www.oria.wa.gov/ORIA-2020-PermitTimelinessProgressReport.pdf.

Estimated Time Required By the Agency to Process a Permit Application (Definition)
Average days from Receipt to Complete: 40.4
Maximum days from Receipt to Complete: 193

Estimated Time Required By the Agency to Issue a Permit Decision (Definition)
Average days from Complete Application to Decision: 36.5
Maximum days from Complete Application to Decision: 50


(Summary results based on 16 submittals in 2024)

Legal authority
Schematic
View the schematic
Notes / Comments

Ecology does not require sand and gravel permit coverage for a portable facility when:

  • The site has permit coverage for the activity the portable facility will be performing, AND
  • The site has active operating status. A site has active operating status when the site permittee has notified Ecology that the site is active.
    For example, a landowner may include asphalt batching as part of the Sand and Gravel Site Permit even though the owner does not maintain an asphalt batch plant at the site. Ecology will allow a portable asphalt plant, without sand and gravel portable permit coverage, to operate at this site.

However, the site permittee should make sure that the portable facility permittee has submitted its Notice of Intent to Begin Operations at least 10 days before the portable begins operating at the site and conducted public notice if discharging to surface waters. In addition, the site's SEPA review and county/city permit must have included the activity that the portable will be performing and the portable facility must satisfy air quality requirements.

Ecology does not require sand and gravel permit coverage for a portable facility at sites covered under Ecology’s Construction Stormwater General Permit as long as:

  • The portable operation will not have a process water or mine dewatering water discharge.
  • The portable operation will not produce materials for uses unrelated to the permitted construction activity.
  • The portable operation is located within the permitted construction project area. (The portable operation cannot be located off site.)
  • The Stormwater Pollution Prevention Plan (SWPPP) for the construction site takes into account the presence of the portable operation.

You are required to use the electronic application (eNOI) and submit it to Ecology over the internet. If you do not have internet access, please contact the Ecology office and they will assist you.

Portable operations must submit a form notifying Ecology when work is completed at a specific location. This is called the Portable Completion of Operation Notice and can be accessed at https://fortress.wa.gov/ecy/publications/summarypages/ecy07030.html.

Contacts
Department of Ecology
Headquarters
300 Desmond Drive
PO Box 47600
Olympia WA 98504-7600
Website: http://www.ecology.wa.gov/
Telephone: (360) 407-6000
Triggering Questions
  • Are you planning on operating a Portable Sand & Gravel Facility at a site that does not have permit coverage for that activity?
* Credential details last updated 8/21/2023
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