Both the Washington State Department of Ecology (Ecology) and the Oregon Department of Environmental Quality (DEQ) recently issued new general National Pollutant Discharge Elimination System (NPDES) permits for the discharge of stormwater from construction sites. The permits are required for all soil-disturbing activities where 1 or more acres will be disturbed and where stormwater will be discharged to a surface water of the state (e.g., wetlands, creeks, unnamed creeks, rivers, marine waters, ditches, estuaries) or to storm drains that discharge to a surface water. Construction-site operators must apply for a permit 60 days prior to discharging stormwater in Washington and 30 days prior to disturbing soil in Oregon.
Washington
The permit has new requirements for the development of stormwater pollution prevention plans, site inspections, erosion-control training certifications, discharge monitoring for turbidity and pH, and recordkeeping. The permit is being appealed by the Building Industry Association of Washington (BIAW), Associated General Contractors (AGC), Puget Soundkeepers Alliance, and Snohomish County. MFA is assisting BIAW and AGC in their appeal of the general permit. The Pollution Hearings Control Board (PHCB) will hear the appeals. Until the PHCB makes a decision, the permit is final and still in effect.
Ecology also issues NPDES general permits for municipalities, sites with industrial activities, and sand- and gravel-mining activities. The sand and gravel permit was recently modified as part of an appeal settlement.
Oregon
The new permit contains requirements for the development of erosion and sediment control plans, site inspections, visual monitoring, installation and maintenance of best management practices, and recordkeeping.
The DEQ is also in the process of revising its general permits for industrial sites (1200-A permit for aggregate mining/asphalt and concrete plants, 1200-Z permit for industrial activities, and 1200-COLS permit for industrial activities discharging to the Columbia Slough). The DEQ is proposing to eliminate the NPDES 1300-J permit for bulk petroleum facilities and incorporate those permit requirements into the NPDES 1200-Z permit. The 1200-CA permit for construction activities for public agencies is also being revised. The DEQ's goal is to issue these permits final by the end of summer 2006.
Additional Information
For additional information on how NPDES permits affect your project, please contact Neil Alongi, P.E., Alistaire Clary, P.E., or David Gorman, P.E., of Maul Foster & Alongi, Inc. at (360) 694-2691 or (971) 544-2139.
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