Publication Summary

The Federal Clean Water Act (FCWA, 1972, and later modifications, 1977, 1981, and 1987) established water quality goals for the navigable (surface) waters of the United States. One of the mechanisms for achieving the goals of the Clean Water Act is the National Pollutant Discharge Elimination System of permits (NPDES permits), which is administered by the Environmental Protection Agency (EPA). The EPA has delegated responsibility to administer the NPDES permit program to the state of Washington on the basis of RCW 90.48, which defines the Department of Ecology's authority and obligations in administering the discharge permit program.

The Federal Clean Water Act (FCWA, 1972, and later modifications, 1977, 1981, and 1987) established water quality goals for the navigable (surface) waters of the United States. One of the mechanisms for achieving the goals of the Clean Water Act is the National Pollutant Discharge Elimination System of permits (NPDES permits), which is administered by the Environmental Protection Agency (EPA). The EPA has delegated responsibility to administer the NPDES permit program to the state of Washington on the basis of RCW 90.48, which defines the Department of Ecology's authority and obligations in administering the discharge permit program.

The regulations adopted by the state include requirements for issuing general permits (Chapter 173-226 WAC); water quality criteria for surface waters, ground waters, and sediments (Chapters 173-201A, 200, and 204 WAC); and technology based standards for upland fin-fish hatching and rearing (Chapter 173-221A WAC). The regulations also establish the basis for effluent limitations and other requirements

The Upland Fin-Fish Hatching and Rearing General permit expired in April 2000. In order to renew the hatchery permit, Ecology formed an internal workgroup of permit managers involved in the administration of the hatchery permit.

The draft of the hatchery permit was public noticed on January 5, 2000. The notice was published in five different newspapers of general circulation throughout Washington, inviting the public to submit written comments or give oral testimony on the draft permit. A copy of the notice published in the State Register is provided in Appendix A. In addition, the notice was sent to the interested parties lists of Ecology′s Regional Offices. A press release was issued February 29, 2000 to inform the media of the upcoming public hearings. The media advisory is provided in Appendix B. Public Workshop and Hearing was held on March 2, 2000. The public comment period ended March 15, 2000 although late comments were accepted.

The purpose of the comment period and formal hearings was to give the public an opportunity to comment on Ecology′s draft for the renewal of the hatchery permit. The purpose of this Responsiveness Summary is to provide Ecology′s formal response to those comments.

Several commentors commented on the same basic issues within the draft permit. To reduce repetition, similar comments are addressed collectively. Specific comments are answered individually. Appendix C contains a copy of all written comments and transcribed oral testimony.

Ecology has attempted to clearly and directly respond to the written comments and oral testimony received on the draft permit. If a response is not clear, or if more information is desired, please contact Paul Stasch, Technical Specialist, at (360) 407-6446.