Phase I Municipal Stormwater Permit Modification - 2010

Ecology modified the Phase I Municipal Stormwater permit on September 1, 2010. The purpose of the permit modification was to incorporate Ecology's equivalency determination of Clark County's Flow Control Mitigation Program. Ecology also incorporated minor updates to King County and the City of Seattle's equivalency documents.

Appeal of Modified Phase I Permit

Ecology received one appeal on the 2010 modification to the Phase I Municipal Stormwater Permit.

In January 2011, the Pollution Control Hearings Board struck down Clark County’s alternative flow control mitigation program. Clark County and others have appealed the PCHB decision. The appeal is currently before Division II of the State Court of Appeals. In December 2011, a federal judge issued an injunction against Clark County, ordering Clark County to follow Ecology’s default stormwater requirements while the County’s development standards are under review by the State Court of Appeals.

Public Comments on Phase I Permit Modification 2010

Ecology held a public review and comment period from April 21, 2010 through June 7, 2010 and a public hearing in Vancouver, WA on May 27, 2010. No formal comments were received at this hearing; however, Ecology received the written comments listed below.

2010 Permit Modification and Related Documents

After considering comments, Ecology issued the complete Phase I Municipal Stormwater Permit on September, 1, 2010.


Phase I and Phase II Permit Modification - 2009Low Impact Development Practices

On June 17, 2009, Ecology modified the 2007 municipal stormwater permits to address the settlement agreements and the Pollution Control Hearings Board (PCHB) orders. More information on the appeals to the permit can be found on our 2007 Permit Appeals and Rulings webpage.

Appeal of Modified 2009 Phase I and WWA Phase II Permits

Ecology received one appeal on the modification to the 2009 Phase I and Western Washington Phase II permits.

Arthur West v. Department of Ecology

PCHB Order of Dismissal - Arthur West v. Department of Ecology

City Permittee Comment Letters on the 2009 Modifications

Ecology held a public review and comment period on the proposed 2009 permit modifications from March 18, 2009 until May 1, 2009. Ecology received the comments listed in the tables below.

City Permittee Comment Letters

Respondents Permit(s) the comments address

City of Seattle    

Phase I
City of Tacoma Phase I
City of Sammamish Phase II Western Washington (WWA)
City of Renton Phase II WWA
City of Bothell Phase II WWA
City of Mt. Vernon Phase II WWA
City of Milton Phase II WWA
City of Everett Phase II WWA
City of Bellevue Phase II WWA
City of Issaquah Phase II WWA
City of Puyallup for 16 cities in Pierce Co. Phase II WWA
City of Auburn Phase II WWA
City of Bainbridge Island Phase II WWA
City of Kent Phase II WWA
City of Sedro Woolley Phase II WWA
City of Port Orchard Phase II WWA
City of Redmond Phase II WWA
City of Longview  Phase II WWA
City of Pullman, City Supervisor Phase II Eastern Washington (EWA)
City of Pullman, Mayor Phase II EWA
City of Pullman, Public Works Phase II EWA
Cities of Asotin and Clarkston Phase II EWA
City of Spokane Phase II EWA

County Permittee Comment Letters

Respondents Permit(s) the comments address

King County (Cover Letter)

Phase I
Snohomish County Phase I
Clark County Phase I
Whatcom County Phase II WWA
Thurston County Phase II WWA
Kitsap County, Asst. Public Works Director Phase II WWA
Kitsap County, Stormwater Program Manager Phase II WWA
Asotin County Phase II EWA
Yakima County Phase II EWA
Walla Walla County Phase II EWA

Secondary Permittee Comment Letters
(Ports, drainage districts, etc.)

Respondents Permit(s) the comments address
Kent School District All Permits
Port of Seattle Phase I
Port of Tacoma Phase I
Washington State University Phase II EWA

Private organizations – businesses, citizens, nonprofits comment letters

Respondents Permit(s) the comments address
Arthur West All Permits
Earth Justice All Permits
Association of Washington Cities All Permits
Riddell Williams P.S. Phase I
Rosemere Neighborhood Association Phase I and Phase II WWA
Herrera Inc. Phase I and Phase II WWA
Pullman Chamber of Commerce Phase II EWA
Cheryl Morgan Phase II EWA

Public Hearing Testimony

Moses Lake Public Hearing transcript - April 22, 2009

For Questions please contact: Carrie Graul or Harriet Beale.

For more information:
Phase I Municipal Stormwater Permit
Phase II Western WA Municipal Stormwater Permit
Phase II Eastern WA Municipal Stormwater Permit
Phase I Equivalent Stormwater Manuals for Western Washington