Construction Stormwater General Permit Appeals

2015 Construction Stormwater General Permit Appeal and Modification

On November 18, 2015, Ecology issued an updated Construction Stormwater General Permit (CSWGP). The permit became effective January 1, 2016. One appeal was filed with the Washington Pollution Control Hearings Board (PCHB) on December 17, 2015 and a settlement agreement was reached for a minor permit modification.

CSWGP Appeal:

Final permit with modifications (effective May 5, 2017)
Final permit with modifications - Redline
Changes to the permit
CSWGP Settlement Agreement
Appeal Dismissal Order
Fact Sheet for the CSWGP modification
Fact Sheet Addendum for the Draft Permit Modification - Response to Comments
Economic Impact Analysis (2015)

Final changes to the CSWGP

The proposed changes are to dust control (S1.C.3.i), pH sampling requirements (S4.D), engineering calculation requirements (S9.B.1.f), and concrete washout (S9.D.9.h). The proposed changes are found in the proposed CSWGP modification – redline version and listed below. Changes are marked using strikeouts and underlines (new language).

CSWGP Guidance

In addition to the proposed changes to the CSWGP, Ecology agreed to provide the following guidance for Low Impact Development (LID) facilities and which offsite areas are to be included in the total disturbed acreage.

Protection of Low Impact Development (LID) facilities under Special Condition S9.D.13.

Coverage of offsite areas under Special Condition S1.B.1.a.

Written comments

Written comments on the draft permit modification and fact sheet were accepted from December 21, 2016 to February 10, 2017.

We received the following comments:

We will review the comments and we expect to issue a final permit modification and response to comments on March 22, 2017 with an effective date of May 5, 2017.

Workshop and Public Hearing

We held a workshop and public hearing on the draft permit modification as an online webinar on February 6, 2017. The workshop explained the proposed modification to the permit. Please contact Amy Moon (360-407-6467 or amy.moon@ecy.wa.gov) if you have any questions.

2005 Construction Stormwater General Permit Appeal

Four parties appealed the construction stormwater general permit (issued November 16, 2005).
The Pollution Control Hearings Board issued a final decision.  You may read the conclusion here:

Findings of Fact, Conclusions of Law and Order, PCHB No. 05-157, 158, and 159

Download copies of the appeals: