Puget Sound Olympia

Municipal Stormwater

2012 Municipal Stormwater Permit Appeals

On August 1, 2012, Ecology issued updated permits for the Phase I, Western Washington Phase II, and Eastern Washington Phase II Municipal Stormwater Permits. The permits are to become effective on August 1, 2013. During the appeal period, from August 1, 2012 to August 31, 2012, Ecology received the appeals of the Phase I and Western Washington Phase II permits on a variety of issues. Ecology has posted the appeals and will post related documents on this page throughout the process.

Pollution Control Hearing Board (PCHB) Order Appealed

Washington Department of Ecology statement on Washington State Supreme Court ruling in Snohomish County, et al. v. Pollution Control Hearings Bd., et al.:

On December 29, 2016, the Washington State Supreme Court issued a decision in Snohomish County, et al. v. Pollution Control Hearings Board, et al. The ruling holds that municipal stormwater regulations adopted under the federal and state National Pollution Discharge Elimination System (NPDES) program are not "land use control ordinances" subject to state vesting statutes.

This means that the provisions of the 2013-2018 Phase I and Phase II Western WA Municipal Stormwater Permits that pertain to the timing of applicability of the updated stormwater controls for new and redevelopment are in effect.

  1. Phase I S5C5a.iii: “The local program adopted to meet the requirements of S5.C.5.a.i through ii shall apply to all applications submitted after June 30, 2015 and shall apply to applications submitted no later than June 30, 2015, which have not started construction by June 30, 2020.” (Refer to the permit for full citation including footnotes.)
  2. Phase II WWA S5C4a: “The local program adopted to meet the requirements of S5.C.4.a(i) through (iii) below, shall apply to all applications submitted on or after January 1, 2017 and shall apply to applications submitted prior to January 1, 2017, which have not started construction by January 1, 2022.” (Refer to the permit for full citation including footnotes and language applicable to Permittees in Lewis and Cowlitz counties and City of Aberdeen.)

Vesting statutes do not preclude compliance with the cited conditions above.

Phase I and WWA Phase II Pollution Control Hearing Board (PCHB) Orders

WWA Phase II Settlement Agreement

Phase I and WWA Phase II Pre-Hearing Orders

Phase I Permit Appeals

Western Washington Phase II Permit Appeals

Eastern Washington Phase II Permit Appeals

No appeals received.

2012 Permit Reissuance

Ecology will continue to update this page with material related to the permit appeals as it becomes available.