A complete application must include certification that the public notice and State Environmental Protection Act (SEPA) requirements have been met. The applicant must prepare a Stormwater Pollution Prevention Plan (SWPPP) before starting construction, but does not typically need to submit it with the application. There are a few limited exceptions when Ecology will request a SWPPP at the time of application.
Site operators who expect to have a discharge to waterbodies of the state that are on the 303(d) "Impaired Water Body" list will be required to provide Ecology with information in advance of permit coverage, and will be required to complete the Construction Stormwater General Permit: Proposed New Discharge to an Impaired Waterbody form. Ecology will provide this form to applicants after we determines that the receiving waterbody is impaired.
To lookup whether a water body is on the 303(d) list of Impaired Water Bodies, visit
https://ecology.wa.gov/Water-Shorelines/Water-quality/Water-improvement/Assessment-of-state-waters-303d
.
When making the decision on a permit, Ecology will consider the applicable laws and rules, the contents of the application, and the background environmental conditions.
The applicant must submit the application for coverage at least 60 days before discharging stormwater from construction activity and must submit it on or before the first newspaper publication date of the public notice. Information provided in the public notice must coincide with the application.
The application for coverage has a public review requirement. This means that the public may submit comments regarding the project to Ecology during the 30-day public comment period. If any comments are received, Ecology must review and respond to the comments and take them into consideration when making the decision to issue or deny permit coverage.
The statewide general permit expires every five years. Coverage under the permit is valid until the site's permit coverage is revoked or terminated. If permit coverage is required past the general permit expiration date, because construction isn't complete or eligible for termination, the permittee must submit a renewal application to Ecology at least 180 days before the expiration date in order to continue permit coverage under the re-issued general permit. If permit holders fail to reapply, permit coverage will be revoked.
Ecology sends notice to all active permit holders to explain the renewal process.
You have a right to appeal the terms and conditions of a general permit, as they apply to an individual discharger, to the Pollution Control Hearings Board (PCHB) within 30 days of the date of receipt. The appeal process is governed by Chapter 43.21B RCW and Chapter 371-08 WAC. “Date of receipt” is defined in RCW 43.21B.001(2).
To appeal, you must do all of the following within 30 days of the date of receipt of the permit:
- File your notice of appeal and a copy of the permit with the PCHB (see filing information below). “Filing” means actual receipt by the PCHB during regular business hours as defined in WAC 371-08-305 and -335. “Notice of appeal” is defined in WAC 371-08-340.
- Serve a copy of your notice of appeal and the permit on the Department of Ecology by mail, in person, or by email (see addresses below).
- You must also comply with other applicable requirements in Chapter 43.21B RCW and Chapter 371-08 WAC.
Filing with the PCHB
For the most current information visit the PCHB website or call 360-664-9160.
Service on Ecology
Street Address:
Department of Ecology
Attn: Appeals Processing Desk
300 Desmond Drive SE
Lacey, WA 98503
Mailing Address:
Department of Ecology
Attn: Appeals Processing Desk
PO Box 47608
Olympia, WA 98504-7608
E-Mail Address: ecologyappeals@ecy.wa.gov