Department of Ecology News Release - June 19, 2009

09-147

Developer refuses to obtain stormwater permit, gets penalty

OLYMPIA – The developer of a large-lot housing project in northeast Thurston County is receiving a $36,000 penalty for moving his project forward without having a necessary stormwater permit.

Walter Cox and his representatives have been advised several times that the project at 5226 Shincke Road is large enough to require a permit. Cox has refused to apply and filed unsuccessful appeals of the permit requirement with the independent Pollution Control Hearings Board.

Under clean water rules enforced by the Washington Department of Ecology (Ecology), a construction stormwater permit is required for any construction project that disturbs an acre or more of soils and has the potential to discharge stormwater to state waters. The permit stipulates what actions must be taken to protect receiving water bodies from being polluted by construction activities.

“Mr. Cox is putting a lot of time and effort into fighting a permit that most developers understand is a basic requirement for projects like this one,” said Kelly Susewind, Ecology’s Water Quality Program manager. “He would be better served by applying for permit coverage and finishing the project in a way that protects Henderson Inlet from pollution.”

Neighbors have raised concern about discharges from the construction site, which drain to nearby Henderson Inlet. Ecology inspectors have confirmed a stream on the property drains to the inlet.

Henderson Inlet is considered a shellfish protection district by Thurston County. It’s also part of a water quality improvement project by Ecology. Studies of the inlet indicate stormwater contributes to fecal coliform bacteria problems by carrying runoff to Henderson Inlet.

Cox has 30 days to pay the penalty, file an appeal with the Pollution Control Hearings Board or ask Ecology to reconsider.

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Media Contact: Kim Schmanke, 360-407-6239