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TABLE OF CONTENTS

SPECIAL CONDITIONS............................................................................................................... 5

S1. PERMIT COVERAGE AND PERMITTEES ................................................................... 11

S2. AUTHORIZED DISCHARGES........................................................................................ 16

S3. RESPONSIBILITIES OF PERMITTEES ......................................................................... 17

S4. COMPLIANCE WITH STANDARDS ............................................................................. 18

S5. STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS AND 

COUNTIES................................................................................................................................... 20

S6. STORMWATER MANAGEMENT PROGRAM FOR SECONDARY PERMITTEES . 40

S7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS......... 48

S8. MONITORING AND PROGRAM EVALUATION ........................................................ 48

S9. REPORTING AND RECORD KEEPING ........................................................................ 53

GENERAL CONDITIONS .......................................................................................................... 56

G1. DISCHARGE VIOLATIONS ........................................................................................... 56

G2. PROPER OPERATION AND MAINTENANCE............................................................. 56

G3. NOTIFICATION OF DISCHARGE INCLUDING SPILLS ............................................ 56

G4. BYPASS PROHIBITED.................................................................................................... 56

G5. RIGHT OF ENTRY........................................................................................................... 57

G6. DUTY TO MITIGATE...................................................................................................... 57

G7. PROPERTY RIGHTS........................................................................................................ 57

G8. COMPLIANCE WITH OTHER LAWS AND STATUTES............................................. 57

G9. MONITORING.................................................................................................................. 57

G10. REMOVED SUBSTANCES.......................................................................................... 58

G11. SEVERABILITY ........................................................................................................... 58

G12. REVOCATION OF COVERAGE................................................................................. 59

G13. TRANSFER OF COVERAGE....................................................................................... 59

G14. GENERAL PERMIT MODIFICATION AND REVOCATION................................... 59

G15. REPORTING A CAUSE FOR MODIFICATION OR REVOCATION....................... 60

G16. APPEALS....................................................................................................................... 60

G17. PENALTIES................................................................................................................... 60

G18. DUTY TO REAPPLY.................................................................................................... 60

G19. CERTIFICAITON AND SIGNATURE ........................................................................ 60
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G20. NON-COMPLIANCE NOTIFICATION....................................................................... 61

G21. UPSETS ......................................................................................................................... 62

DEFINITIONS AND ACRONYMS ............................................................................................ 63

APPENDICES

Appendix 1 – Minimum Technical Requirements for Stormwater Management at New 

Development and Redevelopment Sites

Appendix 2 – Total Maximum Daily Load Requirements

Appendix 3 – Annual Report Form for Cities, Towns and Counties

Appendix 4 – Annual Report Form for Secondary Permittees

Appendix 5 – Notice of Intent for Coverage under a National Pollutant Discharge Elimination 

System Municipal Stormwater General Permit
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SPECIAL CONDITIONS

In 2012, the Washington State Legislature and Governor enacted Senate Bill 6406 to give cities 

and counties fiscal relief during periods of economic downturn by delaying or modifying certain 

regulatory and statutory requirements. Section 313 of the bill modified RCW 90.48.260 to 

require that by July 31, 2012, Ecology shall 

(a) Reissue without modification for a term of two years any national pollutant discharge 

elimination system municipal stormwater general permit applicable to eastern 

Washington municipalities first issued on January 17, 2007; and

(b) Issue an updated national pollutant discharge elimination system municipal storm 

water general permit for any permit first issued on January 17, 2007, applicable to 

eastern Washington municipalities. An updated permit issued under this subsection 

becomes effective beginning August 1, 2014.

Ecology is therefore reissuing without modifications the 2007-2012 Eastern Washington Phase 

II Municipal Stormwater Permit to be effective from September 1, 2012 to August 1, 2014. 

Permittees subject to the requirements of the 2007-2012 Eastern Washington Phase II Municipal 

Stormwater Permit shall continue to implement the Stormwater Management Programs 

developed during the previous permit term and all other requirements of this permit until August 

1, 2014, with the following clarifications:

Permit Reference September 1, 2012 to August 1, 2014 Requirement

S1.D.2 All Permittees that submitted a Duty to Reapply - NOI prior to August 

19, 2011 do not need to submit a new application to be covered under 

this permit.

S5.A First sentence: All Permittees shall develop andimplement a 

Stormwater Management Program (SWMP) during the term of this 

permit. 

S5.A.2 First sentence: The SWMP shall be developed and implemented in 

accordance with the schedules contained in this section. and shall be 

fully developed and implement no later than 180 days prior to the 

expiration date of this permit

S5.A.4.a From 90 days after the effective date of this permit, e Each Permittee 

shall have an ongoing process for gathering, maintaining, and using 

information to conduct planning, set priorities, track the development 

and implementation of the SWMP, evaluate permit compliance/noncompliance, and evaluate the effectiveness of SWMP implementation.

S5.A.4.a.ii First sentence: Beginning no later than January 1, 2009 e Each 

Permittee shall track or estimate the cost of development and 

implementation of each component of the SWMP.
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S5.A.4.b Beginning with the third annual report, t The Permittee’s annual reports 

shall include an evaluation by the Permittee of the effectiveness of the 

SWMP components implemented during the reporting period and 

earlier.

S5.B.1 First sentence: Permittees shall develop and implement a public 

education and outreach program to distribute educational materials to 

the community or conduct equivalent outreach activities about the 

impacts of stormwater discharges to water bodies and the steps the 

public can take to reduce pollutants in stormwater.

S5.B.1.a First sentence: Permittees shall develop and begin implementation of

implement a public education and outreach program which, at a 

minimum, includes the following, based on the land uses and target 

audiences found within the community:

Delete last paragraph: No later than three years from the effective date 

of this permit, all Permittees shall identify and characterize target 

audiences within their jurisdiction to meet the education and outreach 

goals listed above. This provision does not supersede requirements in 

other sections of this permit to implement specific public education 

activities in advance of this date.

S5.B.1.b First sentence: No later than 180 days prior to the expiration date, aAll 

Permittees shall have developed and fully implemented a public 

education and outreach strategy as described in S5.B.1.

S5.B.2.a First sentence: No later than one year from the effective date of this 

permit, All Permittees shall adoptimplement a program or policy 

directive to create opportunities for the public to provide input during 

the decision making processes involving the development, 

implementation and update of the SWMP, including development and 

adoption of all required ordinances and regulatory mechanisms. 

S5.B.2.b First sentence: No later than May 31 each year beginning in 2008, all 

Permittees shall make the latest updated version of the SWMP 

available to the public.

S5.B.3 Each Permittee shall develop, implement and enforce a program to 

detect and eliminate illicit discharges (as defined at 40 CFR 

122.26(b)(2)) into the MS4.

S5.B.3.a Each Permittee shall maintain develop a map of the MS4 showing the 

location of all known and new connections to the MS4 authorized or 

approved by the Permittee; all known outfalls; the names and locations 

of all waters of the state that receive discharges from those outfalls; and 

areas served by discharges to ground.
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S5.B.3.a.i and ii The requirements to develop a map of the MS4 applied during the 

previous permit term and do not apply during the September 1, 2012 to 

August 1, 2014 permit term.

S5.B.3.b.i Replace with: Each Permittee shall implement an ordinance or other 

regulatory mechanism to meet the requirements of this section.

S5.B.3.c All Permittees shall develop andimplement an ongoing program to 

detect and address non-stormwater discharges, including spills, and 

illicit connections to the MS4. The planall be fully implemented no 

later than 180 days prior to the expiration date of this permit and shall 

include:

S5.B.3.c.ii Replace bullet with: Compliance with this provision shall be achieved 

by field assessing at least one high priority water body or other priority 

area each year to verify outfall locations and detect illicit discharges, in 

accordance with the requirements of this section.

S5.B.3.d.i The requirement to inform public employees, businesses and the 

general public of hazards associated with illicit discharges and 

improper disposal of waste applied during the previous permit term. If 

this information has changed, then Permittees shall inform these 

audiences of updated information prior to the expiration date of this 

permit. 

S5.B.3.d.ii First sentence: No later than two years from the effective date of this 

permit, pPermittees shall publicly list and publicize a hotline or other 

local telephone number for public reporting of spills and other illicit 

discharges.

S5.B.4. All Permittees shall implement and enforce a program to reduce 

pollutants in stormwater runoff to the MS4 from construction activities, 

including but not limited to the ordinance or other regulatory 

mechanism, procedures for site plan review, and site inspection and 

enforcement in accordance with the requirements of S5.B.4. 

S5.B.4.a No later than three years from the effective date of this Permit, aAll 

Permittees shall develop and adoptimplement an ordinance or other 

regulatory mechanism to require erosion and sediment controls, and 

other construction-phase stormwater pollution controls at new 

development and redevelopment projects. The ordinance or other 

regulatory mechanism shall have an effective date of no later than four 

years after the effective date of this permit.

S5.B.4.a.ii First two bullets begin: All Permittees shall adopt implement

requirements for construction site operators to....
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S5.B.4.a.iv The Permittee shall implementdevelop an enforcement strategy and 

implement the enforcement provisions of the ordinance or other 

regulatory mechanism.

S5.B.4.b No later than four years from the effective date of this permit, a All 

Permittees shall adopt andimplement procedures for site plan review 

which incorporate consideration of potential water quality impacts.

S5.B.4.c No later than four years from the effective date of this permit, a All 

Permittees shall adopt and implement procedures for site inspection 

and enforcement of construction stormwater pollution control 

measures.

S5.B.4.c.i Each Permittee shall adopt implement a procedure for keeping records 

of inspections and enforcement actions by staff, including inspection 

reports, warning letters, notices of violations, and other enforcement 

records.

S5.B.4.e First sentence: All Permittee shall adopt and implement procedures for 

receipt and consideration of information submitted by the public.

S5.B.5. All Permittees shall implement and enforce a program to address postconstruction runoff to the MS4 from new development and redevelopment projects, including but not limited to the ordinance or 

other regulatory mechanism, procedures for site plan review, and site 

inspection and enforcement procedures in accordance with the 

requirements of S5.B.5.

S5.B.5.a No later than three years from the effective date of this permit, a All 

Permittees shall develop and adopt implement an ordinance or other 

regulatory mechanism that requires post-construction stormwater 

controls at new development and redevelopment projects. Pursuant to 

S5.A.2, in adopting this ordinance or other regulatory mechanism, 

existing local requirements to apply stormwater controls at smaller 

sites, or at lower thresholds than required pursuant to S5.B.5.a.ii, shall 

be retained. The ordinance or other regulatory mechanism shall include 

sanctions to ensure compliance. The ordinance of other regulatory 

mechanism shall have an effective date of no later than four years after 

the effective date of this permit.

S5.B.5.a.ii Bullets 1 through 3 begin with: All Permittees shall adopt 

implement.....

S5.B.5.b No later than four years from the effective date of this permit, a All 

Permittees shall adopt andimplement procedures for site plan review 

which incorporate consideration of potential water quality impacts.
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S5.B.5.c No later than four years from the effective date of this permit, a All 

Permittees shall adopt andimplement procedures for site inspection and 

enforcement of post-construction stormwater control measures.

S5.B.5.c.i First sentence: All Permittees shall adopt implement a procedure for 

keeping records of inspections and enforcement actions by staff, 

including inspection reports, warning letters, notices of violations, and 

other enforcement records.

S5.B.6 All Permittees shall develop andimplement an operation and 

maintenance program that includes a training component and has the 

ultimate goal of preventing or reducing pollutant runoff from municipal 

operations. The minimum performance measures are:

S5.B.6.a First sentence: No later than four years from the effective date of this 

permit, a All Permittees shall develop and implement a schedule of 

municipal Operation and Maintenance activities (an O&M Plan) in 

accordance with the requirements in this section.

S5.B.6.a.i Remove from all bullets where it occurs: No later than 180 days prior 

to the expiration date of this permit,

First sentence of bullet for material storage areas, heavy equipment 

storage areas and maintenance areas: Permittees shall develop and

implement a Stormwater Pollution Prevention Plan to protect water 

quality at each of these facilities owned or operated by the Permittee 

and not required to have coverage under the General NPDES Permit 

for Stormwater Discharges Associated with Industrial Activities or 

another NPDES permit that covers stormwater discharges associated 

with the activity.

S5.B.6.a.ii First bullet: A minimum of 95 40% of all known stormwater treatment 

and flow control facilities owned, operated or maintained by the 

Permittee shall be inspected at least once before the expiration date of 

this permit, with problem facilities identified during inspections to be 

inspected more frequently.

S6. Stormwater 

Management 

Program for 

Secondary 

Permittees 

All Secondary Permittees shall implement the requirements of the 

stormwater management program in accordance with the requirements 

of S.6. All requirements that refer to the “date of permit coverage” are 

clarified to refer to the “...initial date of permit coverage.” Secondary 

Permittees that have not yet fully developed and implemented their 

Stormwater Management Programs shall continue to develop and 

implement their programs in accordance with deadlines in the permit 

or as specified by Ecology as a condition of coverage.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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S6.D.1.a.ii; S6.D.2; 

S5.D.3.c; S.6.D.3.e

References to “no later than 180 days prior to the expiration date of 

this Permit” are clarified as follows: “...no later than four and onehalf years from the initial date of permit coverage or as established as 

a condition of coverage by Ecology...”

S7 Compliance with 

TMDL 

Requirements

See Appendix 2 below for clarification of individual TMDL 

requirements. 

S8. Monitoring and 

Program Evaluation

All Permittees shall implement the requirements in S8.A and S8.B. 

Requirements in S8.C applied during the previous permit term and do 

not apply to the September 1, 2012 to August 1, 2014 permit. 

S9.Reporting and 

Recordkeeping

S9.A

Replace S9.A with: No later than March 31 of each year, all Permittees 

shall submit an annual report on an electronic form provided by 

Ecology. The reporting year for the first annual report will be from 

January 1, 2012 to December 31, 2012 and for the second annual report 

will be from January 1, 2013 to December 31, 2013. Permittees may 

request from Ecology an alternative hard copy annual report form, if 

necessary. The form provided by Ecology shall replace Appendix 3 

(S9.E.2) for Cities, Towns and Counties and shall replace Appendix 4 

(S9.F) for Secondary Permittees. 

Appendix 2 – TMDL 

Requirements

The requirement for the City of Selah applied during the previous 

permit term and does not apply to the September 1, 2012 to August 1, 

2014 permit term.

General Condition 

G18 – Duty to 

Reapply

All owners and operators of MS4s that are Permittees as of the 

effective date of this permit submitted a Duty to Reapply - NOI prior to 

August 19, 2011 and do not need to reapply during the September 1, 

2012 to August 1, 2014 permit term. Permittees with a permit coverage 

date after September 1, 2012 shall apply for permit renewal on a 

schedule specified by Ecology as a condition of coverage.

General Condition 

G19 – Certification 

and Signature

Permittees are not required to resubmit written authorization of a duly 

authorized representative that were submitted during the previous 

permit term under G19.B unless there are changes in authorization as 

described in G19.C. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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S1. PERMIT COVERAGE AND PERMITTEES

A. Geographic Area of Permit Coverage

This permit is applicable to owners or operators of regulated small municipal separate 

storm sewer systems (MS4s) located in eastern Washington State, which is bounde d 

on the western side by the Cascade Mountains crest except in Yakima and Klickitat 

counties which are, in their entireties, included. 

1. For all Cities required to obtain coverage under this permit, the geographic area 

of coverage is the entire incorporated area of the City. 

2. For all Counties required to obtain coverage under this permit, the geographic 

area of coverage is the urbanized areas and the urban growth areas associated 

with Cities within the urbanized areas that are under the jurisdictional control of 

the County. The geographic area of coverage also includes any urban growth 

areas that are contiguous to urbanized areas that are under the jurisdictional 

control of the County.

For Walla Walla County, the geographic area of coverage also includes the 

urban growth area associated with the Cities of Walla Walla and College Place.

3. For Secondary Permittees required to obtain coverage under this permit, the 

minimum geographic area of coverage includes all areas identified under 

S1.A.1. and 2., above. At the time of permit coverage, Ecology may establish a 

geographic area of coverage specific to an individual secondary permittee.

4. All regulated small MS4s owned or operated by the permittees named in 

S1.D.2.a. and located in another city or county area requiring coverage under 

either the Western Washington Phase II Municipal Stormwater Permit or the 

Phase I Municipal Stormwater Permit are also covered under this permit.

B. Regulated small municipal separate storm sewer systems (MS4s)

All operators of regulated small MS4s are required to apply for and obtain coverage 

under this permit or be permitted under a separate individual or general permit, unless 

waived or exempted in accordance with condition S1.C.

1. A regulated small MS4:

a. Is a “small MS4” as defined in the DEFINITIONS AND ACRONYMS 

section at the end of this permit; and

b. Is located within, or partially located within, one of the jurisdictions listed 

in S1.D.2.a. or is designated by Ecology pursuant to either 40 CFR 

122.35(b) or 40 CFR 122.26(f); and

c. Discharges stormwater from the MS4 to a surface water of Washington 

State; and
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d. Is not eligible for a waiver or exemption under S1.C. below. 

2. All other operators of MS4s, including special purpose districts which meet the 

criteria for a regulated small MS4, shall obtain coverage under this permit. 

Other operators of MS4s may include, but are not limited to: flood control, or 

diking and drainage districts, schools including universities and correctional 

facilities which own or operate a small MS4 serving non-agricultural land uses.

3. Any other operators of small MS4s may be required by Ecology to obtain 

coverage under this permit or an alternative NPDES permit if Ecology 

determines the small MS4 is a significant source of pollution to surface waters 

of the state. Notification of Ecology’s determination that permit coverage is 

required will be through the issuance of an Administrative Order issued in 

accordance with RCW 90.48. 

4. The owner or operator of a regulated small MS4 may obtain coverage under this 

permit as a Primary Permittee, Co-Permittee, or Secondary Permittee as defined 

in S1.D.1 below.

5. Pursuant to 40 CFR 122.26(f), any person or organization may petition Ecology 

to require that additional municipal separate storm sewers obtain coverage 

under this permit. The process for petitioning Ecology is:

a. The person or organization shall submit a complete petition in writing to 

Ecology. A complete petition shall address each of the relevant factors for 

petitions outlined on Ecology’s web site.

b. In making its determination on the petition, Ecology may request 

additional information from either the petitioner or the jurisdiction.

c. Ecology will make a final determination on a complete petition within 180 

days after receipt of the petition and inform both the petitioner and the 

municipal separate storm sewer of the decision, in writing.

d. If Ecology’s final determination is that the candidate municipal separate 

storm sewer will be regulated, Ecology will issue an order to the 

municipal separate storm sewer requiring them to obtain coverage under 

this permit. The order will specify:

i. The geographic area of permit coverage for the municipal separate 

storm sewer;

ii. Any modified dates or deadlines for developing and implementing 

the Stormwater Management Program in S5 or S6, as appropriate to 

the municipal separate storm sewer, and for submitting their first 

annual report; and

iii. A deadline for the municipal separate storm sewer to submit a 

complete Notice of Intent (see Appendix 5) to Ecology. 
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C. The owner or operator of an otherwise regulated small MS4 is not required to obtain 

coverage under this permit if:

1. The small MS4 is operated by:

a. The federal government on military bases or other federal lands; or by the 

United States Military, the Bureau of Land Management, the United States 

Park Service, or other federal agencies; or

b. Federally recognized Indian Tribes located within Indian Country Lands; 

or

c. The Washington State Department of Transportation. 

Or,

2. The portions of the small MS4 located within the census-defined urban area(s) 

serve a total population of less than 1,000 people and a, b, and c below all 

apply:

a. The small MS4 is not contributing substantially to the pollutant loadings 

of a physically interconnected MS4 that is regulated by the NPDES 

stormwater program.

b. The discharge of pollutants from the small MS4 has not been identified as 

a cause of impairment of any water body to which the MS4 discharges. 

c. In areas where an EPA approved TMDL has been completed, stormwater 

controls on the MS4 have not been identified as being necessary.

In determining the total population served by the small MS4, both resident 

and commuter populations shall be included. For example:

 For publicly operated school complexes including universities and 

colleges, the total population served would include the sum of the 

average annual student enrollment plus staff.

 For flood control, diking, and drainage districts the total population 

served would include residential population and any non-residents 

regularly employed in the areas served by the small MS4. 

D. Obtaining coverage under this permit

All operators of regulated small MS4s are required to apply for and obtain coverage 

in accordance with this section, unless waived or exempted in accordance with 

section S1.C.

1. Unless otherwise noted, the term “Permittee” includes Primary Permittee, CoPermittee, and Secondary Permittee as defined below:

a. A “Primary Permittee” is a City, Town or County owning or operating a 

regulated small MS4.
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b. A “Co-Permittee” is any operator of a regulated small MS4 that is 

applying jointly with another applicant for coverage under this permit. A 

Co-Permittee owns or operates a regulated small MS4 located within or 

adjacent to another regulated small MS4.

c. A “Secondary Permittee” is an operator of a regulated small MS4 that is 

not a City, Town or County. Secondary Permittees include special 

purpose districts and other MS4s that meet the criteria for a regulated 

small MS4 in S1.B above.

2. Operators of regulated small MS4s shall submit an application to Ecology by 

either the Notice of Intent (NOI) for Coverage under National Pollutant 

Discharge Elimination System (NPDES) Municipal Stormwater General Permit

provided in Appendix 5; or the individual permit application available on 

Ecology’s website.

a. All Cities, Towns and Counties listed below and operating regulated small 

MS4s shall apply either as a Primary Permittee or Co-Permittee. 

i. Cities and Towns: Asotin, Clarkston, East Wenatchee, Ellensburg, 

Liberty Lake, Kennewick, Millwood, Moses Lake, Pasco, Pullman, 

Richland, Selah, Spokane, Spokane Valley, Sunnyside, Union Gap, 

Walla Walla, Wenatchee, West Richland, Yakima

ii. Counties: Asotin County, Benton County, Chelan County, Douglas 

County, Franklin County, Spokane County, Walla Walla County, 

Yakima County

b. All other regulated small MS4s shall apply as a Secondary Permittee or 

as a Co-Permittee by submitting a NOI or an individual permit application 

to Ecology. 

c. The following Cities, Towns and Counties submitted individual permit 

applications or NOIs to Ecology prior to January 17, 2007:

i. Cities and Towns: Asotin, Clarkston, East Wenatchee, Ellensburg,

Kennewick, Pasco, Pullman, Richland, Selah, Spokane, Spokane 

Valley, Sunnyside, Union Gap, Walla Walla, Wenatchee, West 

Richland, Yakima

ii. Counties: Asotin County, Chelan County, Douglas County, Spokane 

County, Walla Walla County, Yakima County

d. Operators of regulated small MS4s located in jurisdictions listed in 

S1.D.2.a. shall submit to Ecology a NOI or individual permit application 

before the effective date of this permit, with the following exceptions: 

i. Operators of regulated small MS4s located in the Cities of 

Ellensburg, Moses Lake, Pullman, Sunnyside, and Walla Walla shall 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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submit a NOI or application to Ecology no later than 30 days after 

the effective date of this permit.

ii. Operators of regulated small MS4s listed in S1.D.2.c. do not need 

to submit a new application to be covered under this permit.

iii. For operators of regulated small MS4s listed in S1.D.2.c., coverage 

under this permit is automatic and begins on the effective date of this 

permit, unless:

iv. The operator chooses to reapply before the effective date of this 

permit; or

v. The operator will be relying on another entity to satisfy one or more 

of their permit obligations in accordance with S1.D.2.g. and 

S1.D.3.d. below; or

vi. The operator chooses be a Co-Permittee in accordance with S1.D.2.f 

and S1.D.3.c. below; or

vii. The operator chooses to opt out of this General Permit. Any 

operator of a regulated small MS4 that is opting out of this permit 

shall submit an application for an individual MS4 permit in 

accordance with 40 CFR 122.33(b)(2)(ii) no later than the effective 

date of this permit. 

e. Operators of regulated small MS4s which want to be covered under this

permit as Co-Permittees shall submit to Ecology a joint NOI. 

f. Operators of regulated small MS4s which are relying on another entity to 

satisfy one or more of their permit obligations shall submit a NOI to 

Ecology. 

g. Operators of small MS4s designated by Ecology pursuant to S1.B.3. of 

this permit shall submit a NOI to Ecology within 120 days of receiving 

notification from Ecology that permit coverage is required. 

3. Application requirements

a. NOIs and individual permit applications and shall be submitted to:

Department of Ecology

Water Quality Program 

Municipal Stormwater Permits

P.O. Box 47696

Olympia, WA 98504-7696

b. For NOIs and applications submitted after January 17, 2007 the applicant 

or co-applicant shall provide public notice of the application in accordance 

with Chapter 173-226-130(5) WAC. The applicant or co-applicant shall 

include a certification that the public notification requirements of WAC
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173-226-130(5) have been satisfied. Unless Ecology responds in writing, 

coverage under this permit will be effective 60 days after receipt of a 

complete NOI. A complete NOI includes certification. 

c. Permittees which are applying as co-applicants shall submit a joint NOI. 

The joint NOI will clearly identify the areas of the MS4 for which each of 

the co-applicants are responsible.

d. Permittees which are relying on another entity or entities to satisfy one or 

more of their permit obligations shall include with the NOI a summary of 

the permit obligations that will be carried out by another entity. The 

summary shall identify the other entity or entities and shall be signed by 

the other entity or entities. During the term of the permit, Permittees may 

terminate or amend shared responsibility arrangements by notifying 

Ecology, provided this does not alter implementation deadlines.

e. Secondary Permittees required to obtain coverage under this permit, and 

the NPDES and State Waste Discharge Permit for discharges from Small 

Municipal Separate Storm Sewers in Western Washington and/or the 

NPDES and State Waste Discharge Permit for discharges from Large and 

Medium Municipal Separate Storm Sewers may obtain coverage by 

submitting a single NOI. 

S2. AUTHORIZED DISCHARGES

A. This permit authorizes the discharge of stormwater to surface waters and to ground 

waters of the state from municipal separate storm sewers owned or operated by each 

Permittee covered under this permit, in the geographic area covered pursuant to S1.A. 

These discharges are subject to the following limitations:

1. Discharges to ground waters of the state through facilities regulated under the 

Underground Injection Control (UIC) program, Chapter 173-218 WAC, are not 

covered under this permit.

2. Discharges to ground waters not subject to regulation under the federal Clean 

Water Act are covered in this permit only under state authorities, Chapter 90.48 

RCW, the Water Pollution Control Act

B. This permit authorizes discharges of non-stormwater flows to surface waters and to 

ground waters of the state from municipal separate storm sewers owned or operated 

by each Permittee covered under this permit, in the geographic area covered pursuant 

to S1.A, only under the following conditions:

1. The discharge is authorized by a separate individual or general National 

Pollutant Discharge Elimination System (NPDES) permit; or

2. The discharge is from emergency fire fighting activities; or
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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3. The discharge is from another illicit or non-stormwater discharges that is 

managed by the Permittee as provided in Special Condition S5.B.3.b. or 

S6.D.3.b. 

These discharges are also subject to the limitations in S2.A.1. and S.2.A.2. 

above.

C. This permit does not relieve entities that cause illicit discharges, including spills of oil 

or hazardous substances, from responsibilities and liabilities under state and federal 

laws and regulations pertaining to those discharges.

D. Discharges from municipal separate storm sewers constructed after the effective date 

of this permit shall receive all applicable state and local permits and use 

authorizations, including compliance with Chapter 43.21C RCW (the State 

Environmental Policy Act).

E. This permit does not authorize discharges of stormwater to waters within Indian 

Reservations except where authority has been specifically delegated to Ecology by 

the U.S. Environmental Protection Agency. The exclusion of such discharges from 

this permit does not waive any rights the State may have with respect to the 

regulation of the discharges.

S3. RESPONSIBILITIES OF PERMITTEES 

A. Each Permittee is responsible for compliance with the terms of this permit for the 

regulated small MS4s which they operate. Compliance with (1) or (2) below is 

required as applicable to each Permittee, whether the Permittee has applied for 

coverage as a Primary Permittee, a Co-Permittee or a Secondary Permittee as 

described in S1.D.1.

1. All Cities, Towns and Counties are required to comply with all conditions of 

this permit, including any appendices referenced therein, except for section S6 

Stormwater Management Program for Secondary Permittees.

2. All Secondary Permittees are required to comply with all conditions of this 

permit, including any appendices referenced therein, except for sections S5 

Stormwater Management Program for Cities, Towns and Counties and S8.C.

B. Permittees may rely on another entity to satisfy one or more of the requirements of 

this permit. Permittees that are relying on another entity to satisfy one or more of 

their permit obligations remain responsible for permit compliance if the other entity 

fails to implement the permit conditions. Permittees may rely on another entity 

provided all of the requirements of 40 CFR 122.35(a) are satisfied, including but not 

limited to:

1. The other entity agrees to take on responsibility for implementation of the 

permit requirement(s), and

2. The other entity, in fact, implements the permit requirements.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 18

S4. COMPLIANCE WITH STANDARDS 

A. In accordance with RCW 90.48.520, the discharge of toxicants to waters of the State 

of Washington which would violate any water quality standard, including toxicant 

standards, sediment criteria, and dilution zone criteria is prohibited. The required 

response to such discharges is defined in section S4.F, below.

B. This permit does not authorize a discharge which would be a violation of Washington 

State surface water quality standards (WAC 173-201A), ground water quality 

standards (Chapter 173-200 WAC), sediment management standards (Chapter 173-

204 WAC), or human health-based criteria in the national Toxics Rule (Federal 

Register, Vol. 57, NO. 246, Dec. 22, 1992, pages 60848-60923). The required 

response to such discharges is defined in section S4.F., below.

C. The Permittee shall reduce the discharge of pollutants to the maximum extent 

practicable (MEP).

D. The Permittee shall use all known, available, and reasonable methods of prevention, 

control and treatment (AKART) to prevent and control pollution of waters of the 

State of Washington.

E. In order to meet the goals of the Clean Water Act, and comply with S4.A., S4.B., 

S4.C. and S4.D., each Permittee shall comply with all of the applicable requirements 

of this permit as defined in S3 Responsibilities of Permittees.

F. A Permittee remains in compliance with S4. despite any discharges prohibited by 

S4.A. or S4.B., when the Permittee undertakes the following response toward longterm water quality improvement:

1. A Permittee shall notify Ecology in writing within 30 days of becoming aware,

based on credible site-specific information, that a discharge from the municipal 

separate storm sewer owned or operated by the Permittee is causing or 

contributing to a known or likely violation of Water Quality Standards in the 

receiving water. Written notification provided under this subsection shall, at a 

minimum, identify the source of the site-specific information, describe the 

nature and extent of the known or likely violation in the receiving water, and 

explain the reasons why the MS4 discharge is believed to be causing or 

contributing to the problem. For ongoing or continuing violations, a single 

written notification to Ecology will fulfill this requirement.

2. In the event that Ecology determines, based on a notification provided under 

S4.F.1. or through any other means, that a discharge from a municipal separate 

storm sewer owned or operated by the Permittee is causing or contributing to a 

violation of Water Quality Standards in a receiving water, Ecology will notify 

the Permittee in writing that an adaptive management response outlined in 

S4.F.3. below is required, unless Ecology also determines that (a) the violation 

of Water Quality Standards is already being addressed by a Total Maximum 

Daily Load or other enforceable water quality cleanup plan; or (b) Ecology 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 19

concludes the violation will be eliminated through implementation of other 

permit requirements.

3. Adaptive Management Response

a. Within 60 days of receiving a notification under S4.F.2., or by an 

alternative date established by Ecology, the Permittee shall review its

Stormwater Management Program and submit a report to Ecology. The 

report shall include:

i. A description of the operational and/or structural BMPs that are 

currently being implemented to prevent or reduce any pollutants that 

are causing or contributing to the violation of Water Quality 

Standards, including a qualitative assessment of the effectiveness of 

each BMP.

ii. A description of potential additional operational and/or structural 

BMPs that will or may be implemented in order to apply AKART on 

a site-specific basis to prevent or reduce any pollutants that are 

causing or contributing to the violation of Water Quality Standards. 

iii. A description of the potential monitoring or other assessment and 

evaluation efforts that will or may be implemented to monitor, 

assess, or evaluate the effectiveness of the additional BMPs.

iv. A schedule for implementing the additional BMPs including, as 

appropriate: funding, training, purchasing, construction, monitoring, 

and other assessment and evaluation components of implementation.

b. Ecology will, in writing, acknowledge receipt of the report within a 

reasonable time and notify the Permittee when it expects to complete its 

review of the report. Ecology will either approve the additional BMPs and 

implementation schedule or require the Permittee to modify the report as 

needed to meet AKART on a site-specific basis. If modifications are 

required, Ecology will specify a reasonable time frame in which the 

Permittee shall submit and Ecology will review the revised report.

c. The Permittee shall implement the additional BMPs, pursuant to the 

schedule approved by Ecology, beginning immediately upon receipt of 

written notification of approval.

d. The Permittee shall include with each subsequent annual report the results 

of any monitoring, assessment or evaluation efforts conducted during the 

reporting period. If, based on the information provided under this 

subsection, Ecology determines that modification of the BMPs or 

implementation schedule is necessary to meet AKART on a site-specific 

basis, the Permittee shall make such modifications as Ecology directs. In 

the event there are ongoing violations of water quality standards despite 

the implementation of the BMP approach of this section, the Permittee 

may be subject to compliance schedules to eliminate the violation under 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 20

WAC 173-201A-510(4) and WAC 173-226-180 or other enforcement 

orders as Ecology deems appropriate during the term of this permit.

e. Provided the Permittee is implementing the approved adaptive 

management response under this section, the Permittee remains in 

compliance with Condition S4., despite any on-going violations of Water 

Quality Standards identified under S4.F.A or B above.

f. The adaptive management process provided under Section S.4.F is not 

intended to create a shield for the Permittee from any liability it may face 

under 42 U.S.C. 9601 et seq. or RCW 70.105D.

G. Ecology may modify or revoke and reissue this General Permit in accordance with 

G14 General Permit Modification and Revocation if Ecology becomes aware of 

additional control measures, management practices or other actions beyond what is 

required in this permit, that are necessary to:

1. Reduce the discharge of pollutants to the MEP;

2. Comply with the state AKART requirements; or

3. Control the discharge of toxicants to waters of the State of Washington.

S5. STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS AND 

COUNTIES

This section applies to all Cities, Towns and Counties covered under this permit. Where 

the term “Permittee” is used in this section, the requirements apply to any City, Town or 

County, whether permit coverage is obtained as a Permittee or as a Co-Permittee. 

A. All Permittees shall develop and implement a Stormwater Management Program 

(SWMP) during the term of this permit. The SWMP shall be implemented, at a 

minimum, throughout the geographic area described for the Permittee in S1.A.

1. A SWMP is a set of actions and activities comprising the components listed in 

S5.B. and any additional actions necessary to meet the requirements of 

applicable Total Maximum Daily Loads (TMDLs) pursuant to S7 Compliance 

with Total Maximum Daily Load Requirements and Appendix 2. The SWMP 

shall be designed to reduce the discharge of pollutants from the regulated small 

MS4 to the Maximum Extent Practicable (MEP), to satisfy the state requirement 

under Chapter 90.48 RCW to apply All Known, Available, and Reasonable 

methods of prevention, control and Treatment (AKART) prior to discharge, and 

to protect water quality. 

2. The SWMP shall be developed and implemented in accordance with the 

schedules contained in this section and shall be fully developed and 

implemented no later than 180 days prior to the expiration date of this permit. 

The SWMP described in this section supersedes the SWMP descriptions 

provided by Permittees in individual permit applications submitted by 

Permittees to Ecology prior to the effective date of this permit. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 21

Notwithstanding the schedules for implementation of SWMP components 

contained in this permit, Permittees that are already implementing some or all of 

the SWMP components in this section shall continue implementation of those 

components of their SWMP. Permittees shall not repeal existing local 

requirements to control stormwater that go beyond the requirements of this 

permit for new development and redevelopment sites.

3. Each Permittee shall prepare written documentation of the SWMP. The SWMP 

documentation shall be organized according to the program components in S5.B 

below and shall be updated at least annually for submittal with the Permittee’s 

annual reports to Ecology (see S9 Reporting and Record Keeping). The SWMP 

documentation shall include:

a. A description of each of the program components included in S5.B.1. 

through S5.B.6., and

b. Any additional actions implemented by the Permittee pursuant to S5.B., 

and 

c. Any additional actions necessary to meet the requirements of applicable 

TMDLs pursuant to S7 Compliance with Total Maximum Daily Load 

Requirements. 

4. Gathering, maintaining, and using information:

a. From 90 days after the effective date of this permit, each Permittee shall 

have an ongoing process for gathering, maintaining, and using information 

to conduct planning, set priorities, track the development and 

implementation of the SWMP, evaluate permit compliance/ noncompliance, and evaluate the effectiveness of SWMP implementation.

i. Each Permittee shall track the number of inspections performed, 

official enforcement actions taken, and types of public education 

activities implemented as required for each SWMP component. This 

information shall be included in the annual report.

ii. Beginning no later than January 1, 2009, each Permittee shall track 

or estimate the cost of development and implementation of each 

component of the SWMP. This information shall be provided to 

Ecology upon request. 

b. Beginning with the third annual report, the Permittee’s annual reports shall 

include an evaluation by the Permittee of the effectiveness of the SWMP 

components implemented during the reporting period and earlier.

5. Coordination among Permittees

a. Coordination among entities covered under this permit is encouraged. The 

SWMP should include coordination mechanisms to encourage coordinated 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 22

stormwater-related policies, programs and projects within adjoining or 

shared areas, including:

i. Coordination mechanisms clarifying roles and responsibilities for the 

control of pollutants between physically interconnected MS4s 

permittees covered by a municipal stormwater permit.

ii. Coordinating stormwater management activities, for shared water 

bodies, among permittees, to avoid conflicting plans, policies and 

regulations.

b. The SWMP should also include coordination mechanisms among 

departments within each jurisdiction to eliminate barriers to compliance 

with the terms of this permit.

B. The SWMP shall include the components listed below. To the extent allowable under 

state and federal law, all components are mandatory for each City, Town, and County 

covered under this permit, whether covered as an individual Permittee or as a CoPermittee. In accordance with S3 Responsibilities of Permittees and 40 CFR 

122.35(a), a Permittee may rely on another entity to implement one or more of the 

components in this section. 

1. Public Education and Outreach

Permittees shall develop and implement a public education and outreach 

program to distribute educational materials to the community or conduct 

equivalent outreach activities about the impacts of stormwater discharges to 

water bodies and the steps the public can take to reduce pollutants in 

stormwater. Outreach and educational efforts should include a multimedia 

approach and shall be targeted and presented to specific audiences for increased 

effectiveness.

The minimum performance measures are:

a. All Permittees shall develop and begin implementation of a public 

education and outreach program which, at a minimum, includes the 

following, based on the land uses and target audiences found within the 

community:

i. Information for the general public about: the importance of 

improving water quality and protecting beneficial uses of waters of 

the state; potential impacts from stormwater discharges; methods for 

avoiding, minimizing, reducing and/or eliminating the adverse 

impacts of stormwater discharges; and actions individuals can take to 

improve water quality, including encouraging participation in local 

environmental stewardship activities.

ii. Information for businesses and the general public about: preventing 

illicit discharges, including what constitutes illicit discharges and the 

impacts of illicit discharges and promoting the proper management 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 23

and disposal of toxic materials, and including all education and 

outreach activities pursuant to S5.B.3.d. Permittees shall also 

include educational activities to reduce the types of discharges listed 

in S5.B.3.b.iv.

iii. Information for engineers, construction contractors, developers, 

development review staff, and land use planners about: technical 

standards, the development of stormwater site plans and erosion 

control plans, and stormwater Best Management Practices (BMPs) 

for reducing adverse impacts from stormwater runoff from 

development sites, including all education and outreach activities 

pursuant to S5.B.4.d and S5.B.5.e. 

No later than three years from the effective date of this permit, all 

Permittees shall identify and characterize target audiences within 

their jurisdiction to meet the education and outreach goals listed 

above. This provision does not supersede requirements in other 

sections of this permit to implement specific public education 

activities in advance of this date.

b. No later than 180 days prior to the expiration date of this permit, all 

Permittees shall have developed and fully implemented a public education 

and outreach strategy. The strategy shall be designed to reach all of the 

target audiences identified within the geographic area of the Permittee’s 

jurisdiction covered under this permit to meet the education and outreach 

goals listed in (a) above.

2. Public Involvement and Participation

At a minimum, Permittees shall comply with applicable state, tribal and local 

public notice requirements when implementing a public involvement and 

participation program. The SWMP shall include ongoing opportunities for 

public involvement and participation such as advisory panels, public hearings, 

watershed committees, participation in developing rate-structures, stewardship

programs, environmental activities, other volunteer opportunities, or other 

similar activities.

The minimum performance measures are:

a. No later than one year from the effective date of this permit, all Permittees 

shall adopt a program or policy directive to create opportunities for the 

public to provide input during the decision making processes involving the 

development, implementation and update of the SWMP, including 

development and adoption of all required ordinances and regulatory 

mechanisms. All Permittees shall develop and implement a process for 

consideration of public comments on their SWMP, including required 

ordinances and regulatory mechanisms. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 24

b. No later than May 31 each year beginning in 2008, all Permittees shall 

make the latest updated version of the SWMP available to the public. If 

the Permittee maintains a website, the SWMP that was submitted with the 

latest annual report, or a more current version, shall be posted on the 

website. Co-Permittees and other groups of Permittees that are developing 

the SWMP in a cooperative effort may post the updated SWMP on a 

single entity’s website.

3. Illicit Discharge Detection and Elimination

Each Permittee shall develop, implement and enforce a program to detect and 

eliminate illicit discharges (as defined at 40 CFR 122.26(b)(2)) into the MS4.

The minimum performance measures are:

a. Each Permittee shall develop a map of the MS4, showing the location of 

all known and new connections to the MS4 authorized or approved by the 

Permittee; all known outfalls; the names and locations of all waters of the 

state that receive discharges from those outfalls; and areas served by 

discharges to ground. 

i. The map shall be: at least approximately one-third complete no later 

than three years from the effective date of this permit; at least 

approximately two-thirds complete no later than four years from the 

effective date of this permit; and complete before the expiration date 

of this permit.

ii. Field surveys shall be conducted pursuant to the requirements of 

S5.B.3.c.ii. no later than 180 days prior to the expiration date of this 

permit to verify outfall locations and identify previously unknown 

outfalls on priority water bodies.

iii. Permittees shall, upon request and to the extent appropriate, provide 

maps and mapping information to Ecology and/or other entities 

covered under this permit. 

iv. The preferred, but not required, format of submission is an electronic 

format with fully described mapping standards. An example 

description is provided on Ecology’s website.

v. The Permittee shall maintain documentation of the information 

included in the map, and the map shall be updated periodically.

b. Each Permittee shall effectively prohibit, through ordinance or other 

regulatory mechanism, non-stormwater discharges into the MS4.

i. An ordinance or other regulatory mechanism that prohibits illicit 

discharges and authorizes enforcement actions, including on private 

property, shall be adopted no later than 30 months from the effective 

date of this permit.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 25

ii. Non-stormwater discharges covered by another NPDES permit and 

discharges from emergency fire fighting activities are allowed in the 

MS4 in accordance with S2 Authorized Discharges. 

iii. The ordinance or other regulatory mechanism does not need to 

prohibit the following categories of non-stormwater discharges:

 Diverted stream flows; 

 Rising ground waters;

 Uncontaminated ground water infiltration (as defined at 40 

CFR 35.2005(20));

 Uncontaminated pumped ground water; 

 Foundation drains; 

 Air conditioning condensation;

 Irrigation water from agricultural sources that is commingled 

with urban stormwater;

 Springs;

 Water from crawl space pumps;

 Footing drains; and

 Flows from riparian habitats and wetlands.

iv. The ordinance or other regulatory mechanism shall prohibit the 

following categories of non-stormwater discharges unless the stated 

conditions are met: 

 Discharges from potable water sources, including water line 

flushing, hyperchlorinated water line flushing, fire hydrant 

system flushing, and pipeline hydrostatic test water. Planned 

discharges shall be de-chlorinated to a concentration of 0.1 

ppm or less, pH-adjusted if necessary, and volumetrically and 

velocity controlled to prevent resuspension of sediments in the 

MS4;

 Discharges from lawn watering and other irrigation runoff. 

These discharges shall be minimized through, at a minimum, 

public education activities (see S5.B.1.) and water conservation 

efforts.

 Dechlorinated swimming pool discharges. The discharges 

shall be dechlorinated to a concentration of 0.1 ppm or less, 

pH-adjusted and reoxygenated if necessary, and volumetrically 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 26

and velocity controlled to prevent resuspension of sediments in 

the MS4. Swimming pool cleaning wastewater and filter 

backwash shall not be discharged to the MS4. 

 Street and sidewalk wash water, water used to control dust, and 

routine external building wash down that does not use 

detergents. The Permittee shall reduce these discharges 

through, at a minimum, public education activities (see 

S5.B.1.) and/or water conservation efforts. To avoid washing 

pollutants into the MS4, Permittees shall minimize the amount 

of street wash and dust control water used. At active 

construction sites, street sweeping shall be performed prior to 

washing the street. 

 Other non-stormwater discharges. Other non-stormwater 

discharges shall be in compliance with the requirements of a 

stormwater pollution prevention plan reviewed by the 

Permittee which addresses control of such discharges.

v. The SWMP shall, at a minimum, address each category in (iv) above 

in accordance with the conditions stated therein.

vi. The SWMP shall further address any category of discharges in (iii) 

or (iv) above if the discharge is identified as a significant source of 

pollutants to waters of the state.

vii. The ordinance or other regulatory mechanism shall include, 

escalating enforcement procedures and actions.

viii. The Permittee shall develop an enforcement strategy and implement 

the enforcement provisions of the ordinance or other regulatory 

mechanism.

c. All Permittees shall develop and implement an ongoing program to detect 

and address non-stormwater discharges, including spills, and illicit 

connections to the MS4. The plan shall be fully implemented no later than 

180 days prior to the expiration date of this permit and shall include:

i. Procedures for locating priority areas likely to have illicit discharges,

including at a minimum: evaluating land uses and associated 

business/industrial activities present; areas where complaints have 

been registered in the past; and areas with storage of large quantities 

of materials that could result in illicit discharges, including spills.

ii. Field assessment activities, including visual inspection of outfalls or 

facilities serving priority areas identified in (i), above, during dry 

weather and for the purposes of verifying outfall locations and 

detecting illicit discharges. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 27

 Compliance with this provision shall be achieved by: 

prioritizing receiving waters for visual inspection to identify 

previously unknown outfalls no later than three years from the 

effective date of this permit; field assessing at least three high 

priority water bodies or other priority areas to verify outfall 

locations and detect illicit discharges no later than four years 

from the effective date of this permit, and field assessing at 

least one high priority water body or other high priority area 

each year thereafter. 

iii. Procedures for characterizing the nature of, and potential public or 

environmental threat posed by, any illicit discharges found by or 

reported to the Permittee. Procedures shall include detailed 

instructions for evaluating whether the discharge shall be 

immediately contained and steps to be taken for containment of the 

discharge.

Compliance with this provision will be achieved by: investigating (or 

referring to the appropriate agency) within 7 days, on average, any 

complaints, reports or monitoring information that indicates a 

potential illicit discharge, including spills; and immediately 

investigating (or referring) problems and violations determined to be 

emergencies or otherwise judged by the Permittee’s staff or other 

Qualified Personnel to be urgent or severe.

iv. Procedures for tracing the source of an illicit discharge; including 

visual inspections, and when necessary, opening manholes, using 

mobile cameras, collecting and analyzing water samples, and/or 

other detailed inspection procedures.

v. Procedures for ending the discharge, including notification of 

appropriate authorities; notification of the property owner; technical 

assistance for removing the source of the discharge or otherwise 

eliminating the discharge; follow-up inspections; and escalating 

enforcement and legal actions if the discharge is not eliminated.

 For illicit connections and illicit discharges of hazardous 

materials, compliance with this provision will be achieved by: 

initiating an investigation, within 21 days of report or 

discovery of a suspected illicit connection or discharge, to 

determine the source of the discharge, the nature and volume of 

discharge through the connection, and the party responsible for 

the discharge; and, upon confirmation of the illicit nature of a 

storm drain connection or discharge, ensuring termination of

the connection within 180 days, using enforcement authority as 

needed.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 28

 For other illicit discharges, compliance with this provision 

shall be achieved by implementing appropriate enforcement 

provisions according to the strategy developed pursuant to 

S5.B.3.b.viii.

d. Permittees shall inform public employees, businesses, and the general 

public of hazards associated with illicit discharges and improper disposal 

of waste.

i. No later than 180 days prior to the expiration date of this permit, 

distribute appropriate information to target audiences identified 

pursuant to S5.B.1.a., and

ii. No later than two years from the effective date of this permit, 

publicly list and publicize a hotline or other local telephone number 

for public reporting of spills and other illicit discharges. Keep a 

record of all calls received and of all follow-up actions taken in 

accordance with S5.B.3.c.ii. through iv above; include a summary in 

the annual report.

e. Permittees shall adopt and implement procedures for program evaluation 

and assessment, including tracking the number and type of illicit 

discharges, including spills, identified; inspections made; and any 

feedback received from public education efforts. A summary of this 

information shall be included in the Permittees’ annual reports.

f. Permittees shall provide adequate training to all those staff responsible for 

identification, investigation, termination, cleanup, and reporting of illicit 

discharges, including spills, and illicit connections.

g. Permittees shall provide training to all municipal field staff that as part of 

their normal job responsibilities might come into contact with or otherwise 

observe an illicit discharge or illicit connection to the MS4. Permittees 

shall also train office personnel who might receive initial reports of illicit 

discharges. Training shall include how to identify an illicit discharge, 

including spills, or an illicit connection to the MS4 and proper procedures 

for reporting the illicit discharge.

4. Construction Site Stormwater Runoff Control

All Permittees shall develop, implement and enforce a program to reduce 

pollutants in any stormwater runoff to the MS4 from construction activities that 

disturb one acre or more, and from construction projects of less than one acre 

that are part of a common plan of development or sale.

Public and private projects, including projects proposed by the Permittee’s own 

departments and agencies, shall comply with these requirements. The Permittee 

shall determine a process for ensuring proper project review, inspection, and 

compliance by its own departments and agencies. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 29

The minimum performance measures are:

a. No later than three years from the effective date of this permit, all 

Permittees shall develop and adopt an ordinance or other regulatory 

mechanism to require erosion and sediment controls, and other 

construction-phase stormwater pollution controls at new development and 

redevelopment projects. The ordinance or other regulatory mechanism 

shall include sanctions to ensure compliance. The ordinance or other 

regulatory mechanism shall have an effective date of no later than four

years after the effective date of this permit.

i. The ordinance or other regulatory mechanism shall apply, at a 

minimum, to construction sites disturbing greater than or equal to 

one acre and to construction projects of less than one acre that are 

part of a common plan of development or sale. Pursuant to S5.A.2., 

in adopting this ordinance or other regulatory mechanism, existing 

local requirements to apply stormwater controls at smaller sites, or at 

lower thresholds than required pursuant to S4.B.4.a.ii., shall be 

retained.

ii. The ordinance or other regulatory mechanism shall require 

construction operators to adhere, at a minimum, to the requirements 

of Appendix 1, Core Element #2, including preparation of

Construction Stormwater Pollution Prevention Plans (Construction 

SWPPPs) and application of BMPs as necessary to protect water 

quality, reduce the discharge of pollutants to the MEP, and satisfy 

state AKART requirements.

 All Permittees shall adopt requirements for construction site 

operators to implement appropriate erosion and sediment 

control BMPs. 

 All Permittees shall adopt requirements for construction site 

operators to control waste such as discarded building materials, 

concrete truck washout, chemicals, litter, and sanitary waste at 

the construction site that may cause adverse impacts to water 

quality.

 Permittees shall document how the requirements of the 

ordinance or other regulatory mechanism protect water quality, 

reduce the discharge of pollutants to the MEP, and satisfy state 

AKART requirements. Documentation shall include:

o How stormwater BMPs were selected; 

o The pollutant removal expected from the selected BMPs;

o The technical basis which supports the performance 

claims for the selected BMPs; and 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 30

o How the selected BMPs will comply with applicable state 

water quality standards and satisfy the state requirement 

to apply AKART prior to discharge.

Permittees who choose to use the BMP selection, design, 

installation, operation and maintenance standards in the 

Stormwater Management Manual for Eastern 

Washington (2004), or another technical stormwater 

manual approved by Ecology, may cite this reference as 

the sole documentation that the ordinance or regulatory 

mechanism is protecting water quality, reducing the 

discharge of pollutants to the MEP, and satisfying state 

AKART requirements. 

iii. The ordinance or other regulatory mechanism shall include 

appropriate, escalating enforcement procedures and actions.

iv. The Permittee shall develop an enforcement strategy and implement 

the enforcement provisions of the ordinance or other regulatory 

mechanism.

v. The ordinance shall include a provision for access by qualified 

personnel to inspect construction-phase stormwater BMPs on private 

properties that discharge to the MS4.

b. No later than four years from the effective date of this permit, all 

Permittees shall adopt and implement procedures for site plan review 

which incorporate consideration of potential water quality impacts.

i. Prior to construction, Permittees shall review Construction SWPPPs 

for, at a minimum, all construction sites that disturb one acre or 

more, or are less than one acre and are part of a common plan of 

development or sale, to ensure that the plans are complete pursuant 

to the requirements of Appendix 1, Core Element #2. The 

Construction SWPPP review shall be performed by qualified 

personnel and shall be performed in coordination with S5.B.5.b.i. 

review of Stormwater Site Plans. 

 To comply with this provision, Permittees shall keep records of 

all projects disturbing more than one acre, and all projects of 

any size that are part of a common plan of development or sale 

that is greater than one acre, that are approved after the 

effective date of this permit. Permittees shall keep records of 

these projects for five years or until construction is completed, 

whichever is longer.

 If the Permittee chooses to allow construction sites to apply the 

“Erosivity Waiver” in Appendix 1, Core Element #2, the 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 31

Permittee is not required to review Construction SWPPPs for 

individual sites applying the waiver.

ii. Permittees shall provide adequate training for all staff involved in 

permitting, planning, and review to carry out these provisions. The 

training records to be kept include dates, activities or course 

descriptions, and names and positions of staff in attendance.

c. No later than four years from the effective date of this permit, all 

Permittees shall adopt and implement procedures for site inspection and 

enforcement of construction stormwater pollution control measures.

i. Each Permittee shall adopt a procedure for keeping records of 

inspections and enforcement actions by staff, including inspection 

reports, warning letters, notices of violations, and other enforcement 

records. 

ii. Permittees shall provide adequate training for all staff involved in 

plan review, field inspection and enforcement to carry out the 

provisions of this SWMP component. The training records to be 

kept include dates, activities or course descriptions, and names and 

positions of staff in attendance.

iii. All new construction sites that disturb one acre or more, or are part 

of a common plan of development or sale shall be inspected at least 

once by qualified personnel.

 To comply with this provision, Permittees shall keep records of 

all projects disturbing more than one acre, and all projects of 

any size that are part of a common plan of development or sale 

that is greater than one acre, that are approved after the 

effective date of this permit.

 Permittees shall keep project records for five years or until 

construction is completed, whichever is longer.

 Compliance with this inspection requirement will be 

determined by the Permittee having and maintaining records of 

an inspection program that is designed to inspect all sites. 

Compliance during this permit term will be determined by the 

Permittee achieving an inspection rate of at least 80% of the 

sites.

d. From the effective date of this permit, all Permittees shall provide 

information to construction site operators about training available on how 

to install and maintain effective erosion and sediment controls and how to 

comply with the requirements of Appendix 1 and apply the BMPs 

described in Chapter 7 of the Stormwater Management Manual for 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 32

Eastern Washington (2004), or another technical stormwater manual 

approved by Ecology.

Permittees shall keep copies of information provided to construction site 

operators; and, if information is distributed to a large number of design 

professionals at once, the dates of the mailings and lists of recipients.

e. All Permittees shall adopt and implement procedures for receipt and 

consideration of information submitted by the public. This includes, but is 

not limited to, publicly listing and publicizing a hotline or other telephone 

number for public reporting of spills and other illicit discharges pursuant 

to S5.B.3.d.ii. above.

f. If the Permittee chooses to allow construction sites to apply the “Erosivity 

Waiver” in Appendix 1, Core Element #2, the Permittee shall keep a 

record of all construction sites that provide notice to the Permittee of their 

intention to apply the waiver. The Permittee shall investigate complaints 

about these sites in the same manner as it will investigate complaints about 

sites that have submitted Construction SWPPPs for review pursuant to 

S5.B.4.b.i. above.

5. Post-Construction Stormwater Management for New Development and 

Redevelopment

All Permittees shall develop, implement and enforce a program to address postconstruction stormwater runoff to the MS4 from new development and 

redevelopment projects that disturb one acre or more, and from projects of less 

than one acre that are part of a common plan of development or sale. The 

program shall ensure that controls to prevent or minimize water quality impacts 

are in place. 

Public and private projects, including projects proposed by the Permittee’s own 

departments and agencies, shall comply with these requirements. The Permittee 

shall determine a process for ensuring proper project review, inspection, and 

compliance by its own departments and agencies. 

The minimum performance measures are:

a. No later than three years from the effective date of this permit, all 

Permittees shall develop and adopt an ordinance or other regulatory 

mechanism that requires post-construction stormwater controls at new 

development and redevelopment projects. Pursuant to S5.A.2., in 

adopting this ordinance or other regulatory mechanism, existing local 

requirements to apply stormwater controls at smaller sites, or at lower 

thresholds than required pursuant to S5.B.5.a.ii., shall be retained. The 

ordinance or other regulatory mechanism shall include sanctions to ensure 

compliance. The ordinance or other regulatory mechanism shall have an 

effective date of no later than four years after the effective date of this 

permit.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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i. The ordinance or other regulatory mechanism shall apply, at a 

minimum, to new development and redevelopment sites that 

discharge to the MS4 and that disturb one acre or more or are less 

than one acre and are part of a common plan of development or sale. 

ii. The ordinance or other regulatory mechanism shall require project

proponents and property owners to adhere to the minimum technical 

requirements in Appendix 1 and shall include BMP selection, design, 

installation, operation, and maintenance standards necessary to 

protect water quality, reduce the discharge of pollutants to the MEP, 

and satisfy state AKART requirements.

 All Permittees shall adopt a policy of encouraging project 

proponents to maintain natural drainages to the maximum 

extent possible, including reducing the total amount of 

impervious surfaces created by the project.

o Permittees should consider including provisions to allow

non-structural preventive actions and source reduction 

approaches such as Low Impact Development (LID) 

techniques, measures to minimize the creation of 

impervious surfaces and measures to minimize the 

disturbance of native soils and vegetation. Provisions for 

LID should take into account site conditions, access and 

long term maintenance.

 All Permittees shall adopt requirements for project proponents 

and property owners to implement appropriate runoff 

treatment, flow control, and source control BMPs considering 

the proposed land use at the site to minimize adverse impacts 

to water quality. 

o Each Permittee shall define a specific hydrologic method 

or methods for calculating runoff volumes and flow rates 

to ensure consistent sizing of structural BMPs in their 

jurisdiction and to facilitate plan review. Permittees may 

allow proponents of unique or complex projects to use 

other methodologies.

o To meet the requirements of Appendix 1, Core Element 

#5, Permittees may choose to apply the criteria in Chapter 

2.2.5 of the Stormwater Management Manual for Eastern 

Washington (2004), or portions thereof, and the methods 

described in Chapters 4 and 6 of the Stormwater 

Management Manual for Eastern Washington (2004).

 All Permittees shall adopt requirements to ensure adequate 

ongoing long-term operation and maintenance of the BMPs 

approved by the Permittee.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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 Permittees shall document how the requirements of the 

ordinance or other regulatory mechanism protect water quality, 

reduce the discharge of pollutants to the MEP, and satisfy state 

AKART requirements. Documentation shall include:

o How stormwater BMPs were selected; 

o The pollutant removal expected from the selected BMPs;

o The technical basis which supports the performance 

claims for the selected BMPs; and 

o How the selected BMPs will comply with applicable state 

water quality standards and satisfy the state requirement 

to apply AKART prior to discharge.

Permittees who choose to use the BMP selection, design, 

installation, operation and maintenance standards in the 

Stormwater Management Manual for Eastern 

Washington (2004), or another technical stormwater 

manual approved by Ecology, may cite this reference as 

the sole documentation that the ordinance or regulatory 

mechanism is protecting water quality, reducing the 

discharge of pollutants to the MEP, and satisfying state 

AKART requirements. 

iii. The ordinance or other regulatory mechanism shall include 

provisions for both construction-phase and post-construction access 

for Permittees to inspect stormwater BMPs on private properties that 

discharge to the MS4. If deemed necessary for post-construction 

access, the ordinance or other regulatory mechanism may, in lieu of 

requiring that continued access be granted to the Permittee’s staff or 

qualified personnel, instead require private property owners to 

provide annual certification by a qualified third party that adequate 

maintenance has been performed and the facilities are operating as 

designed to protect water quality. 

iv. The ordinance or other regulatory mechanism shall include 

appropriate, escalating enforcement procedures and actions.

v. The Permittee shall develop an enforcement strategy and implement 

the enforcement provisions of the ordinance or other regulatory 

mechanism.

b. No later than four years from the effective date of this permit, all 

Permittees shall adopt and implement procedures for site plan review 

which incorporate consideration of potential water quality impacts.

i. Prior to construction, Permittees shall review Stormwater Site Plans 

for, at a minimum, all new development and redevelopment sites that 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 35

meet the thresholds in S5.B.5.a.i. to ensure that the plans include 

stormwater pollution prevention measures that meet the requirements 

in S5.B.5.a.ii.

To comply with this provision, Permittees shall keep records of all 

projects disturbing more than one acre, and all projects of any size 

that are part of a common plan of development or sale that is greater 

than one acre, that are approved after the effective date of this 

permit. Permittees shall keep records of these projects for five years 

or until construction is completed, whichever is longer.

ii. The site plan review shall be performed by qualified personnel and 

shall include review of Construction Stormwater Pollution 

Prevention Plans where required pursuant to S5.B.4.b.i. 

c. No later than four years from the effective date of this permit, all 

Permittees shall adopt and implement procedures for site inspection and 

enforcement of post-construction stormwater control measures.

i. All Permittees shall adopt a procedure for keeping records of 

inspections and enforcement actions by staff, including inspection 

reports, warning letters, notices of violations, and other enforcement 

records. At a minimum, inspection and enforcement procedures 

shall be applied to all new development and redevelopment sites that 

meet the thresholds in S5.B.5.a.i.

ii. Structural BMPs shall be inspected at least once during installation 

by qualified personnel. 

iii. Structural BMPs shall be inspected at least once every five years 

after final installation, or more frequently as determined by the 

Permittee to be necessary to prevent adverse water quality impacts, 

to ensure that adequate maintenance is being performed. The 

inspection shall be performed by qualified personnel.

iv. Recommended operation and maintenance standards for structural 

BMPs in the Stormwater Management Manual for Eastern 

Washington (2004), or another technical stormwater manual

approved by Ecology, shall be met. If a BMP is not inspected, the 

Permittee is not in violation of this provision unless a violation of 

water quality standards occurs due to lack of operation and 

maintenance of the facility. 

v. If a site is inspected and problems are identified, the Permittee is not 

in violation of this provision, provided the Permittee requires and 

confirms that necessary operation, maintenance and/or repair to 

correct the problem is performed as soon as practicable. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 36

d. Permittees shall provide adequate training for all staff involved in 

permitting, planning, review, inspection, and enforcement to carry out the 

provisions of this SWMP component.

e. From the effective date of this permit, all Permittees shall provide 

information to design professionals about training available on how to 

comply with the requirements of Appendix 1 and apply the BMPs 

described in the Stormwater Management Manual for Eastern Washington 

(2004), or another technical stormwater manual approved by Ecology.

f. To comply with these provisions, Permittees shall keep records of all 

projects disturbing more than one acre that are approved on or after the 

effective date of the ordinance or other regulatory mechanism (but no later 

than four years from the effective date of this permit); and all projects of 

any size that are part of a common plan of development or sale that is 

greater than one acre, that are approved after the effective date of this 

permit.

i. Permittees shall keep project records for five years or until 

construction is completed, whichever is longer, with the following 

exceptions: approved site plans and O&M plans shall be kept as 

needed to comply with the ongoing inspection requirements of this 

permit.

ii. The training records to be kept (for d, above) include dates, activities 

or course descriptions, and names and positions of staff in 

attendance.

iii. Permittees shall keep copies of information that is provided to design 

professionals (for e, above); and, if information is distributed to a 

large number of design professionals at once, the dates of the 

mailings and lists of recipients.

6. Pollution Prevention and Good Housekeeping for Municipal Operations

All Permittees shall develop and implement an operation and maintenance 

program that includes a training component and has the ultimate goal of 

preventing or reducing pollutant runoff from municipal operations.

The minimum performance measures are:

a. No later than four years from the effective date of this permit, all 

Permittees shall develop and implement a schedule of municipal 

Operation and Maintenance activities (an O&M Plan). The schedule shall 

include BMPs that, when applied to the municipal activity or facility, will 

protect water quality, reduce the discharge of pollutants to the MEP, and 

satisfy state AKART requirements. Chapter 8 of the Stormwater 

Management Manual for Eastern Washington provides a selection of 

appropriate BMPs that meet these requirements for various types of 

facilities. Operation and maintenance standards in the O&M Plan shall be 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 37

at least as protective as those included in Chapters 5, 6, and 8 of the 

Stormwater Management Manual for Eastern Washington (2004), or 

another technical stormwater manual approved by Ecology. Record 

keeping shall be done pursuant to the requirements in S9 Reporting and 

Record Keeping. 

i. The O&M Plan shall include appropriate pollution prevention and 

good housekeeping procedures for all of the following types of 

facilities and/or activities listed below. Low impact development 

techniques should be considered for all new and redeveloped 

municipal facilities. Water conservation measures should be 

considered for all landscaped areas, parks and open spaces.

 Stormwater collection and conveyance system, including catch 

basins, stormwater sewer pipes, open channels, culverts, 

structural stormwater controls, and structural runoff treatment 

and/or flow control facilities. The O&M Plan shall address, 

but is not limited to: regular inspections, cleaning, proper 

disposal of waste removed from the system, and record 

keeping. No later than 180 days prior to the expiration date of 

this permit, Permittees shall implement catch basin cleaning, 

stormwater system maintenance, scheduled structural BMP 

inspections and maintenance, and pollution prevention/good 

housekeeping practices.

 Roads, highways, and parking lots. The O&M Plan shall 

address, but is not limited to: deicing, anti-icing, and snow 

removal practices; snow disposal areas; material (e.g. salt, 

sand, or other chemical) storage areas; and all-season BMPs to 

reduce road and parking lot debris and other pollutants from 

entering the MS4. No later than 180 days prior to the 

expiration date of this permit, Permittees shall implement all 

pollution prevention/good housekeeping practices established 

in the O&M Plan for all roads, highways, and parking lots with 

more than 5,000 square feet of pollutant generating impervious 

surface that are owned, operated, or maintained by the 

Permittee.

 Vehicle fleets. The O&M Plan shall address, but is not limited 

to: storage, washing, and maintenance of municipal vehicle 

fleets. No later than 180 days prior to the expiration date of 

this permit, Permittees shall conduct all vehicle and equipment 

washing and maintenance in a self-contained covered building 

or in designated wash and/or maintenance areas operated to 

separate wash water from stormwater.

 Municipal buildings. The O&M Plan shall address, but is not 

limited to: cleaning, washing, painting and other maintenance 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 38

activities. No later than 180 days prior to the expiration date of 

this permit, Permittees shall implement all pollution 

prevention/good housekeeping practices established in the 

O&M Plan for buildings owned, operated, or maintained by the 

Permittee.

 Parks and open space. The O&M Plan shall address, but is not 

limited to: proper application of fertilizer, pesticides, and 

herbicides; sediment and erosion control; BMPs for landscape 

maintenance and vegetation disposal; trash management; and 

BMPs for building exterior cleaning and maintenance. No later 

than 180 days prior to the expiration date of this permit, 

Permittees shall implement park and open space maintenance 

pollution prevention/good housekeeping practices at all park 

areas and other open spaces owned or operated by the 

Permittee. 

 Construction Projects. Public construction projects shall 

comply with the requirements applied to private projects. All 

construction projects owned or operated by the Permittee that 

are required to have an NPDES permit shall be covered under 

either the General NPDES Permit for Stormwater Discharges 

Associated with Construction Activities or another NPDES 

permit that covers stormwater discharges associated with the 

activity. All public projects approved after the effective date of 

this permit shall include construction and post-construction 

controls selected and implemented pursuant to the 

requirements in Appendix 1. 

 Industrial Activities. All facilities owned or operated by the 

Permittee that are required to have NPDES permit coverage 

shall be covered under the General NPDES Permit for 

Stormwater Discharges Associated with Industrial Activities or 

another NPDES permit that covers stormwater discharges 

associated with the activity.

 Material storage areas, heavy equipment storage areas and 

maintenance areas. No later than 180 days prior to the 

expiration date of this permit, Permittees shall develop and 

implement a Stormwater Pollution Prevention Plan to protect 

water quality at each of these facilities owned or operated by 

the Permittee and not required to have coverage under the 

General NPDES Permit for Stormwater Discharges Associated 

with Industrial Activities or another NPDES permit that covers 

stormwater discharges associated with the activity. Generic 

Stormwater Pollution Prevention Plans that can be applied at 

multiple sites may be used to comply with this requirement.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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 Flood management projects. Permittees shall assess water 

quality impacts in the design of all new flood management 

projects that are associated with the MS4 or that discharge to 

the MS4, including considering use of controls that minimize 

impacts to site hydrology and still meet project objectives. 

Permittees are encouraged to review and evaluate existing 

flood management projects that are associated with the MS4 or 

that discharge to the MS4 to determine whether changes or 

additions should be made to improve water quality.

 Other facilities that would reasonably be expected to discharge 

contaminated runoff. Permittees shall identify these facilities, 

include BMPs to protect water quality from discharges from 

these sites in the O&M Plan, and implement the BMPs no later 

than 180 days prior to the expiration date of this permit. 

ii. The O&M plan shall include a schedule of inspections and 

requirements for record keeping pursuant to S9 Reporting and 

Record Keeping. 

 A minimum of 95% of all known stormwater treatment and 

flow control facilities owned, operated or maintained by the 

Permittee shall be inspected at least once before the expiration 

date of this permit, with problem facilities identified during 

inspections to be inspected more frequently. 

 Spot checks for potentially damaged stormwater treatment and 

flow control facilities will be conducted after major storm 

events (greater than 10-year recurrence interval rainfall or 

snowmelt).

 Any needed repair or maintenance shall be performed as soon 

as practicable pursuant to the findings of a regular inspection or 

spot check. 

iii. The O&M plan shall identify the department (and where appropriate, 

the specific staff) responsible for performing each activity. 

b. Permittees shall provide training for all employees who have primary 

construction, operations, or maintenance job functions that are likely to 

impact stormwater quality. The permittee shall identify target employees 

to participate in the training sessions. Training shall address the 

importance of protecting water quality, the requirements of this permit, 

operation and maintenance requirements, inspection procedures, ways to

perform their job activities to prevent or minimize impacts to water 

quality, and procedures for reporting water quality concerns, including 

potential illicit discharges. Follow-up training shall be provided as needed 

to address changes in procedures, methods or staffing.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 40

S6. STORMWATER MANAGEMENT PROGRAM FOR SECONDARY PERMITTEES

A. This section applies to all Secondary Permittees, whether coverage under this Permit 

is obtained individually or as a Co-Permittee with a City and/or Town and/or County 

and/or another Secondary Permittee. 

1. To the extent allowable under state, federal and local law, all components are 

mandatory for each Secondary Permittee covered under this permit, whether 

covered as an individual Permittee or as a Co-Permittee.

2. Each Secondary Permittee shall develop and implement a stormwater 

management program (SWMP). The SWMP shall be designed to reduce the 

discharge of pollutants from regulated small MS4s to the maximum extent 

practicable and protect water quality. 

3. Unless an alternate implementation schedule is established by Ecology as a 

condition of permit coverage, the SWMP shall be developed and implemented 

in accordance with the schedules contained in this section and shall be fully 

developed and implemented no later than180 days before the expiration date of 

this Permit. Notwithstanding the schedules in this Permit, Secondary Permittees 

that are already implementing some or all of the required SWMP components 

shall continue implementation of those components.

4. Secondary Permittees may implement parts of their SWMP in accordance with 

the schedule for cities, towns and counties in S5, provided they have signed a 

memorandum of understanding or other agreement to jointly implement the 

activity or activities with one or more jurisdictions listed in S1.B, and submitted 

a copy of the agreement to Ecology.

5. Each Secondary Permittee shall prepare written documentation of the SWMP. 

The SWMP documentation shall be organized according to the program 

components in S6.D below and shall be updated at least annually for submittal 

with the Permittee’s annual reports to Ecology (see S9 Reporting and Record 

Keeping). The SWMP documentation shall include:

a. A description of each of the program components included in S6.D.1 

through S6.D.6, and

b. Any additional actions necessary to meet the requirements of applicable 

TMDLs pursuant to S7 Compliance with Total Maximum Daily Load 

Requirements.

B. Coordination

The SWMP shall include mechanisms to encourage coordinated stormwater-related 

policies, programs and projects within a watershed and interconnected MS4s. Where 

relevant and appropriate, the SWMP shall also include coordination among 

departments of the Secondary Permittee to ensure compliance with the terms of this 

permit.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 41

C. Legal Authority 

To the extent allowable under state law and federal law, each Secondary Permittee 

shall be able to demonstrate that they can operate pursuant to legal authority which 

authorizes or enables the Secondary Permittee to control discharges to and from 

municipal separate storm sewers owned or operated by the Secondary Permittee.

This legal authority, may be a combination of statutes, ordinances, permits, contracts, 

orders, interagency agreements, or similar instruments.

D. Stormwater Management Program for Secondary Permittees 

The term “Secondary Permittees” means drainage, diking, flood control, or diking 

and drainage districts, Ports (other than the Ports of Seattle and Tacoma), public 

colleges and universities, and any other owners or operators of municipal separate 

storm sewers located within the municipalities that are listed as Permittees in S1.D. 

The Stormwater Management Program (SWMP) for Secondary Permittees shall 

include the following components:

1. Public Education and Outreach

Each Secondary Permittee shall implement the following stormwater education 

strategies:

a. Storm drain inlets owned and operated by the Secondary Permittee that are 

located in maintenance yards, in parking lots, along sidewalks, and at 

pedestrian access points shall be clearly and permanently labeled with the 

message “Dump no waste” and indicating the point of discharge as a river, 

lake, bay, or ground water. 

i. No later than three years from the date of permit coverage, at least 

50 percent of these inlets shall be labeled.

ii. No later than 180 days prior expiration date of this Permit, or as 

established as a condition of coverage by Ecology, all of these inlets 

shall be labeled. 

iii. As identified during visual inspection and regular maintenance of 

storm drain inlets per the requirements of S6.D.3.d. and S6.D.6.a.i. 

below, or as otherwise reported to the Secondary Permittee, any inlet 

having a label that is no longer clearly visible and/or easily readable 

shall be re-labeled within 90 days. 

b. Each year beginning no later than three years from the date of permit 

coverage, public ports, colleges and universities shall distribute 

educational information to tenants and residents on the impact of 

stormwater discharges on receiving waters, and steps that can be taken to 

reduce pollutants in stormwater runoff. Different combinations of topics 

shall be addressed each year, and, before the expiration date of this Permit. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 42

Where relevant, tenants and residents shall receive educational 

information about the following topics: 

i. How stormwater runoff affects local waterbodies; 

ii. Proper use and application of pesticides and fertilizers; 

iii. Benefits of using well-adapted vegetation; 

iv. Alternative equipment washing practices including cars and trucks 

that minimize pollutants in stormwater; 

v. Benefits of proper vehicle maintenance and alternative transportation 

choices; proper handling and disposal of wastes, including the 

location of hazardous waste collection facilities in the area; 

vi. Hazards associated with illicit connections; and 

vii. Benefits of litter control and proper disposal of pet waste.

Compliance with this requirement can be achieved through 

participation in the local jurisdiction’s public education and outreach 

programs.

2. Public Involvement and Participation

No later than 180 days before the expiration date of this Permit, or as 

established as a condition of coverage by the Ecology, each Secondary 

Permittee shall:

a. Publish a public notice in the local newspaper or on the Permittee’s 

website and solicit public review of their SWMP. 

b. Make the latest updated version of the SWMP available to the public. If 

the Secondary Permittee maintains a website, the SWMP shall be posted 

on the Secondary Permittee’s website. 

3. Illicit Discharge Detection and Elimination

Each Secondary Permittee shall:

a. From the date of permit coverage, comply with all relevant ordinances, 

rules, and regulations of the local jurisdiction(s) in which the Secondary 

Permittee is located that govern non-stormwater discharges.

b. Develop and adopt appropriate policies prohibiting illicit discharges no 

later than one year from the date of permit coverage. Identify possible 

enforcement mechanisms no later than one year from the date of permit 

coverage; and, no later than eighteen months from the date of permit 

coverage, develop and implement an enforcement plan using these 

mechanisms to ensure compliance with illicit discharge policies. These 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 43

policies shall address, at a minimum: illicit connections; non-stormwater 

discharges, including spills, of hazardous materials, pet waste, and litter. 

i. Non-stormwater discharges covered by another NPDES permit and 

discharges from emergency fire fighting activities are allowed in the 

MS4 in accordance with S2. Authorized Discharges.

ii. The policies do not need to prohibit the following categories of nonstormwater discharges:

 Diverted stream flows; 

 Rising ground waters;

 Uncontaminated ground water infiltration (as defined at 40 

CFR 35.2005(20));

 Uncontaminated pumped ground water; 

 Foundation drains; 

 Air conditioning condensation;

 Irrigation water from agricultural sources that is commingled 

with urban stormwater;

 Springs;

 Water from crawl space pumps;

 Footing drains; and

 Flows from riparian habitats and wetlands.

iii. The policies shall prohibit the following categories of nonstormwater discharges unless the stated conditions are met: 

 Discharges from potable water sources, including water line 

flushing, hyperchlorinated water line flushing, fire hydrant 

system flushing, and pipeline hydrostatic test water. Planned 

discharges shall be de-chlorinated to a concentration of 0.1 

ppm or less, pH-adjusted if necessary, and volumetrically and 

velocity controlled to prevent resuspension of sediments in the 

MS4;

 Discharges from lawn watering and other irrigation runoff. 

These discharges shall be minimized through, at a minimum, 

public education activities and water conservation efforts 

conducted by the Secondary Permittee and/or the local 

jurisdiction. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 44

 Dechlorinated swimming pool discharges. The discharges 

shall be dechlorinated to a concentration of 0.1 ppm or less, 

pH-adjusted and reoxygenated if necessary, and volumetrically 

and velocity controlled to prevent resuspension of sediments in 

the MS4. Swimming pool cleaning wastewater and filter 

backwash shall not be discharged to the MS4. 

 Street and sidewalk wash water, water used to control dust, and 

routine external building washdown that does not use 

detergents. The Secondary Permittee shall reduce these 

discharges through, at a minimum, public education activities 

and/or water conservation efforts conducted by the Secondary 

Permittee and/or the local jurisdiction. To avoid washing 

pollutants into the MS4, the Secondary Permittee shall 

minimize the amount of street wash and dust control water 

used. At active construction sites, street sweeping shall be 

performed prior to washing the street.

 Other non-stormwater discharges shall be in compliance with 

the requirements of a stormwater pollution prevention plan 

reviewed by the Permittee which addresses control of such 

discharges.

iv. The Secondary Permittee’s SWMP shall, at a minimum, address 

each category in iii above in accordance with the conditions stated 

therein.

v. The SWMP shall further address any category of discharges in ii or 

iii above if the discharge is identified as a significant source of 

pollutants to waters of the State.

c. No later than 180 days before the expiration date of this Permit, or as 

established as a condition of coverage by Ecology, develop a storm sewer 

system map showing the locations of all known storm drain outfalls, 

labeling the receiving waters, and delineating the areas contributing runoff 

to each outfall. Make the map (or completed portions of the map) 

available on request to Ecology and/or to other Permittees or Secondary 

Permittees. The preferred, but not required, format of submission will be 

an electronic format with fully described mapping standards. An example 

description is provided on Ecology’s website.

d. Conduct field inspections and visually inspect for illicit discharges at all 

known outfalls that discharge to surface waters. Visually inspect at least 

one third (on average) of all known outfalls each year beginning no later 

than two years from the date of permit coverage. Develop and implement 

procedures to identify and remove any illicit discharges. Keep records of 

inspections and follow-up activities.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 45

e. No later than 180 days before the expiration date of this Permit, or as 

established as a condition of coverage by the Ecology, develop and 

implement a spill response plan that includes coordination with a qualified 

spill responder.

f. No later than two years from permit coverage date, provide staff training 

or coordinate with existing training efforts to educate relevant staff on 

proper best management practices for preventing illicit discharges. All 

relevant staff shall be trained.

4. Construction Site Stormwater Runoff Control

From the date of permit coverage, each Secondary Permittee shall:

a. Comply with all relevant ordinances, rules, and regulations of the local 

jurisdiction(s) in which the Secondary Permittee is located that govern 

construction phase stormwater pollution prevention measures.

b. For all construction projects under the control of the Secondary Permittee 

which, require a construction stormwater permit, Secondary Permittees 

shall obtain coverage under the NPDES General Permit for Stormwater 

Discharges Associated with Construction Activities, or an alternative 

individual NPDES permit prior to discharging construction related 

stormwater. 

c. Coordinate with the local jurisdiction regarding projects owned and 

operated by other entities which discharge into the Secondary Permittee’s 

MS4, to assist the local jurisdiction with achieving compliance with all 

relevant ordinances, rules, and regulations of the local jurisdiction(s).

d. Provide training or coordinate with existing training efforts to educate 

relevant staff in erosion and sediment control BMPs and requirements, or 

hire trained contractors to perform the work. 

e. Coordinate as requested with Ecology or the local jurisdiction to provide 

access for inspection of construction sites or other land disturbances, 

which are under the control of the Secondary Permittee during the active 

grading and/or construction period.

5. Post-Construction Stormwater Management for New Development and 

Redevelopment

From the date of permit coverage, each Secondary Permittee shall:

a. Comply with all relevant ordinances, rules and regulations of the local 

jurisdiction(s) in which the Secondary Permittee is located that govern 

post-construction stormwater pollution prevention measures.

b. Coordinate with the local jurisdiction regarding projects owned and 

operated by other entities which discharge into the Secondary Permittee’s 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 46

MS4, to assist the local jurisdiction with achieving compliance with all 

relevant ordinances, rules, and regulations of the local jurisdiction(s).

6. Pollution Prevention and Good Housekeeping for Municipal Operations

Each Secondary Permittee shall: 

a. No later than three years from the date of permit coverage, develop and 

implement a municipal operation and maintenance (O&M) plan to 

minimize stormwater pollution from activities conducted by the Secondary 

Permittee. The O&M Plan shall include appropriate pollution prevention 

and good housekeeping procedures for all of the following operations, 

activities, and/or types of facilities that are present within the Secondary 

Permittee’s boundaries. 

i. Stormwater collection and conveyance system, including catch 

basins, stormwater sewer pipes, open channels, culverts, structural 

stormwater controls, and structural runoff treatment and/or flow 

control facilities. The O&M Plan shall address, but is not limited to: 

scheduled inspections and maintenance activities, including cleaning 

and proper disposal of waste removed from the system. Secondary 

Permittees shall properly maintain stormwater collection and 

conveyance systems owned or operated by the Secondary Permittee 

and regularly inspect and maintain all structural post-construction 

stormwater BMPs to ensure facility function. 

For facilities located in Western Washington, Secondary Permittees 

shall establish maintenance standards that are as protective or more 

protective of facility function than those specified in Chapter 4 

Volume V of the 2005 Stormwater Management Manual for Western 

Washington. 

For facilities located in Eastern Washington, Secondary Permittees 

shall establish maintenance standards that are as protective or more 

protective of facility function than those specified in Chapters 5, 6 

and 8 of the 2004 Stormwater Management Manual for Eastern 

Washington. 

Secondary Permittees shall conduct spot checks of stormwater 

treatment and flow control facilities following a 24 hour storm event 

with a 10-year or greater recurrence interval.

ii. Roads, highways, and parking lots. The O&M Plan shall address, 

but is not limited to: deicing, anti-icing, and snow removal practices; 

snow disposal areas; material (e.g. salt, sand, or other chemical) 

storage areas; all-season BMPs to reduce road and parking lot debris 

and other pollutants from entering the MS4. 

iii. Vehicle fleets. The O&M Plan shall address, but is not limited to: 

storage, washing, and maintenance of Secondary Permittee vehicle 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 47

fleets; and fueling facilities. Secondary Permittees shall conduct all 

vehicle and equipment washing and maintenance in a self-contained 

covered building or in designated wash and/or maintenance areas. 

iv. External building maintenance. The O&M Plan shall address, 

building exterior cleaning and maintenance including cleaning, 

washing, painting and other maintenance activities. 

v. Parks and open space. The O&M Plan shall address, but is not 

limited to: proper application of fertilizer, pesticides, and herbicides; 

sediment and erosion control; BMPs for landscape maintenance and 

vegetation disposal; and trash management. 

vi. Material storage areas, heavy equipment storage areas, and 

maintenance areas. Secondary Permittees shall develop and 

implement a Stormwater Pollution Prevention Plan to protect water 

quality at each of these facilities owned or operated by the 

Secondary Permittee and not covered under the General NPDES 

Permit for Stormwater Discharges Associated with Industrial 

Activities or under another NPDES permit that covers stormwater 

discharges associated with the activity. 

vii. Other facilities that would reasonably be expected to discharge 

contaminated runoff. The O&M Plan shall address proper 

stormwater pollution prevention practices for each facility.

b. From the date of coverage under this Permit, Secondary Permittees shall 

also have permit coverage for all facilities operated by the Secondary 

Permittee that are required to be covered under the General NPDES 

Permit for Stormwater Discharges Associated with Industrial Activities. 

c. The O&M Plan shall include sufficient documentation and records as 

necessary to demonstrate compliance with the O&M Plan requirements in 

S6.D.6.a.i through vii above.

d. Train all employees whose construction, operations, or maintenance job 

functions may impact stormwater quality. The training shall address:

i. The importance of protecting water quality, 

ii. The requirements of this Permit, 

iii. Operation and maintenance requirements, 

iv. Inspection procedures, 

v. Ways to perform their job activities to prevent or minimize impacts 

to water quality, and 

vi. Procedures for reporting water quality concerns, including potential 

illicit discharges. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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S7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS

The following requirements apply if an applicable Total Maximum Daily Load (TMDL) is 

approved for stormwater discharges from MS4s owned or operated by the Permittee. 

Applicable TMDLs are TMDLs which have been approved by EPA on or before the date 

permit coverage is granted. 

A. For applicable TMDLs listed in Appendix 2, affected Permittees shall comply with 

the specific requirements identified in Appendix 2. Each Permittee shall keep records 

of all actions required by this permit that are relevant to applicable TMDLs within 

their jurisdiction. The status of the TMDL implementation shall be included as part of 

the annual report submitted to Ecology for this permit. 

Where monitoring is required in Appendix 2, the Permittee shall conduct the 

monitoring according to a Quality Assurance Project Plan (QAPP) approved by 

Ecology.

B. For applicable TMDLs not listed in Appendix 2, compliance with this permit shall 

constitute compliance with those TMDLs. 

C. For TMDLs that are approved by EPA after this permit is issued, Ecology may 

establish TMDL-related permit requirements through future permit modification if 

Ecology determines implementation of actions, monitoring or reporting necessary to 

demonstrate reasonable further progress toward achieving TMDL wasteload 

allocations, and other targets, are not occurring and shall be implemented during the 

term of this permit or when this permit is reissued. Permittees are encouraged to 

participate in development of TMDLs within their jurisdiction and to begin 

implementation. 

S8. MONITORING AND PROGRAM EVALUATION

A. Permittees are not required to conduct water sampling or other testing during the 

effective term of this permit, with the following exceptions: 

1. Any water quality monitoring required for compliance with TMDLs, pursuant to 

section S7 Compliance with Total Maximum Daily Load Requirements and 

Appendix 2 of this permit; and 

2. Any sampling or testing required for characterizing illicit discharges pursuant to 

section S5.B.3.c. or S6.D.3. of this permit.

B. The Permittee shall provide the following information in each annual report:

1. A description of any stormwater monitoring or studies conducted by the 

Permittee during the reporting period. If stormwater monitoring was conducted 

on behalf of the Permittee, or if studies or investigations conducted by other

entities were reported to the Permittee, a brief description of the type of 

information gathered or received shall be included in the annual report(s) 

covering the time period(s) during which the information was received. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 49

2. An assessment of the appropriateness of the BMPs identified by the Permittee 

for each component of the SWMP; and any changes made, or anticipated to be 

made, to the BMPs that were previously selected to implement the SWMP, and 

why. 

3. Information required pursuant to S8.C.2. below. 

C. Preparation for future, long-term monitoring

This section does not apply to Secondary Permittees. However, Secondary 

Permittees are required to provide information, maps and access for sampling efforts, 

as necessary. Secondary Permittees are encouraged to participate in the monitoring 

program.

1. All Cities, Towns and Counties shall prepare to participate in the 

implementation of a future comprehensive long-term monitoring program. The 

monitoring program will include three components: stormwater monitoring, 

Targeted Stormwater Management Program (SWMP) effectiveness monitoring, 

and runoff treatment Best Management Practice (BMP) effectiveness 

monitoring. Stormwater monitoring is intended to characterize stormwater 

runoff quantity and quality at a limited number of locations in a manner that 

allows analysis of loadings and changes in conditions over time and 

generalization across the Permittees’ jurisdictions. SWMP effectiveness 

monitoring is intended to improve stormwater management efforts by 

evaluating issues that significantly affect the success of or confidence in 

stormwater controls. BMP effectiveness monitoring is intended to evaluate the 

effectiveness and operation and maintenance requirements of runoff treatment 

BMPs by characterizing effluent characteristics and pollutant removal. The 

monitoring program could include long-term monitoring and may include shortterm studies. The results of the monitoring program would be used to support 

the adaptive management process and lead to refinements of the SWMP. 

a. Stormwater monitoring

Cities having a population greater than 10,000 and Counties having a 

population greater than 25,000 shall identify sites for long-term 

stormwater monitoring. Adequate sites will be: completely mapped as 

required in S5.B.3.a and including land use delineation; and suitable for 

permanent installation and operation of flow-weighted composite 

sampling equipment. No later than December 31, 2010:

i. Each County having a population greater than 100,000 shall identify 

three outfalls or conveyances where stormwater sampling could be 

conducted. One outfall or conveyance will represent commercial 

land use, the second will represent low-density residential land use, 

and the third will represent medium-to-high-density residential land 

use.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 50

ii. Each City having a population greater than 75,000 shall identify 

three outfalls or conveyances where stormwater sampling could be 

conducted. One outfall or conveyance will represent commercial 

land use, the second will represent high-density residential land use, 

and the third will represent industrial land use.

iii. Each County having a population between 25,000 and 100,000 shall 

identify two outfalls or conveyances where stormwater sampling 

could be conducted. One outfall or conveyance will represent 

commercial land use and the second will represent low-density 

residential land use.

iv. Each City having a population between 10,000 and 75,000 shall 

identify two outfalls or conveyances where stormwater sampling 

could be conducted. One outfall or conveyance will represent 

commercial land use and the second will represent high-density 

residential land use.

v. Permittees shall select outfalls or conveyances based on known 

water quality problems and/or targeted areas of interest for future 

monitoring. The Permittee shall document:

 Why sites were selected;

 Possible site constraints for installation of and access to 

monitoring equipment;

 A brief description of the contributing basin including size in 

acreage, dominant land use and other contributing land uses;

 Any water quality concerns in the receiving water of each 

selected outfall or conveyance.

b. Targeted SWMP effectiveness monitoring 

Each City, Town and County shall prepare to conduct monitoring to 

determine the effectiveness of the Permittee’s SWMP at controlling 

stormwater-related problems that are directly addressed by actions in the 

SWMP. 

i. This component of the monitoring program shall be designed to 

answer the following types of questions:

 How effective is a targeted action or narrow suite of actions? 

and/or

 Is the SWMP achieving a targeted environmental outcome?

ii. No later than December 31, 2010, each City, Town and County shall 

identify at least two suitable questions and select sites where 

monitoring would be conducted. This monitoring should include, at 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 51

a minimum, plans for either stormwater, receiving water or sediment 

monitoring of physical, chemical and/or biological characteristics. 

This monitoring may also include data collection and analysis of 

other measures of program effectiveness and/or problem 

identification and characterizing discharges for planning purposes.

iii. No later than December 31, 2010, each City, Town and County shall 

develop a monitoring plan for each question. The plan shall include 

the following elements:

 A statement of the question, an explanation of how and why 

the issue is significant to the Permittee, and a discussion of 

whether and how the results of the monitoring may be 

significant to other MS4s;

 A specific hypothesis about the issue or management actions 

that will be tested;

 Specific parameters or attributes to be measured; and

 Expected modifications to management actions depending on 

the outcome of hypothesis testing.

c. Runoff Treatment BMP Effectiveness Monitoring 

Each City having a population greater than 25,000 and each County 

having a population greater than 50,000 shall prepare to conduct 

monitoring to evaluate the effectiveness of runoff treatment BMPs 

designed and built in accordance with the Stormwater Management 

Manual for Eastern Washington or an approved equivalent, applied in 

their jurisdiction. No later than December 31, 2010, these cities and 

counties shall select BMPs and sites according to the requirements below: 

i. Each City having a population greater than 50,000 and each County 

having a population greater than 100,000 shall prepare to monitor at 

least two BMPs, at no fewer than two sites per BMP. 

ii. Each City having a population between 25,000 and 50,000 and each 

County having a population between 50,000 and 100,000 shall 

prepare to monitor at least one BMP, at no fewer than two sites per 

BMP. 

iii. BMPs shall be selected from the following list:

 Basic treatment

- Biofiltration swale

- Vegetated filter strip 

- Wet-pond
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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- Wet-vault

- Treatment wetland

- Sand filter

- Dry pond

- Extended detention dry pond 

 Metals treatment

- Amended sand filter

- Two facility treatment train

- Bio-infiltration swale

 Oil treatment

- Bio-infiltration swale

- Biofiltration swale

- Vegetated filter strip

- Linear sand filter

- Catch basin insert

- Catch basin preceded by passive oil control vault

2. Monitoring program reporting requirements

a. The fourth annual report shall:

i. Describe the status of identification of sites for stormwater 

monitoring, if required for the Permittee; 

ii. Include a summary of proposed questions for the SWMP 

effectiveness monitoring and describe the status of developing the 

monitoring plan, including the proposed purpose, design, and 

methods.

b. The fifth annual report shall identify the BMP(s) selected for runoff 

treatment BMP effectiveness monitoring, and describe the status of 

identification of sites for BMP effectiveness monitoring, if required for the 

Permittee.

c. To comply with the requirements of all or part(s) of this section, 

Permittees in a single Urbanized Area may choose to submit a 

collaborative report or reports in lieu of separate reports.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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S9. REPORTING AND RECORD KEEPING

A. No later than March 31 of each year beginning in 2008, each Permittee shall submit 

an annual report. The reporting period for the first annual report will be from the 

effective date of this permit through December 31, 2007. The reporting period for all 

subsequent annual reports will be the previous calendar year.

B. Two printed copies and an electronic (PDF) copy of the annual report shall be 

submitted to Ecology. All submittals shall be delivered to:

Department of Ecology

Water Quality Program

Municipal Stormwater Permits

P.O. Box 47696

Olympia, WA 98504-7696

C. Each Permittee is required to keep all records related to this permit and the SWMP 

for at least five years. Except as required as a condition of the annual reports, records 

need to be submitted to Ecology only upon request.

D. Each Permittee shall make all records related to this permit and the Permittee’s 

SWMP available to the public at reasonable times during business hours. The 

Permittee will provide a copy of the most recent annual report to any individual or 

entity, upon request.

1. A reasonable charge may be assessed by the Permittee for making photocopies 

of records.

2. The Permittee may require reasonable advance notice of intent to review records 

related to this permit.

E. Annual report for Cities, Towns and Counties

Each annual report shall include the following:

1. A copy of the Permittee’s current Stormwater Management Program as required 

by S5.A.3.

2. Submittal of Appendix 3 – Annual Report Form for Cities, Towns, and 

Counties, which is intended to summarize the Permittees compliance with the 

conditions of this permit, including:

a. Status of implementation of each component of the SWMP in section S5 

Stormwater Management Program for Cities, Towns, and Counties. 

b. An assessment of the Permittee’s progress in meeting the minimum 

performance standards established for each of the minimum control 

measures of the SWMP.

c. A description of activities being implemented to comply with each 

component of the SWMP, including the number and type of inspections, 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 54

enforcement actions, public education and involvement activities, and 

illicit discharges detected and eliminated.

d. The Permittee’s SWMP implementation schedule and plans for meeting 

permit deadlines, and the status of SWMP implementation to date. If 

permit deadlines are not met, or may not be met in the future, include: 

reasons why, corrective steps taken and proposed, and expected dates that 

the deadlines will be met.

e. A summary of the Permittee’s evaluation of their SWMP, according to 

sections S5.A.4. and S8.B.2.

f. If applicable, notice that the MS4 is relying on another governmental 

entity to satisfy any of the obligations under this permit.

g. Updated information from the prior annual report plus any new 

information received during the reporting period, pursuant to S8.B.2. 

above. 

h. Certification and signature pursuant to G19.D, and notification of any 

changes to authorization pursuant to G19.C.

3. Permittees shall include with the annual report, notification of any annexations, 

incorporations or jurisdictional boundary changes resulting in an increase or 

decrease in the Permittee’s geographic area of permit coverage during the 

reporting period, and implications for the SWMP.

F. Annual report for Secondary Permittees

All Secondary Permittees shall complete the Annual Report Form for Secondary 

Permittees (Appendix 4) and submit it along with any supporting documentation to 

Ecology. 

1. The Annual Report Form for Secondary Permittees is intended to summarize 

the Permittees compliance with the conditions of this permit, including:

a. Status of implementation of each component of the SWMP in section S6 

Stormwater Management Program for Secondary Permittees of this 

permit. 

b. An assessment of the Permittee’s progress in meeting the minimum 

performance standards established for each of the minimum control 

measures of the SWMP.

c. A summary of the Permittee’s evaluation of their SWMP, according to 

section S8.B.2.

d. If applicable, notice that the MS4 is relying on another governmental 

entity to satisfy any of the obligations under this permit.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 55

e. Updated information from the prior annual report plus any new 

information received during the reporting period pursuant to S8.B.1. and 

S8.B.2. 

f. Certification and signature pursuant to G19.D, and notification of any 

changes to authorization pursuant to G19.C.

2. Secondary Permittees shall include with the annual report, notification of any 

jurisdictional boundary changes resulting in an increase or decrease in the 

Permittee’s geographic area of permit coverage during the reporting period, and 

implications for the SWMP.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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GENERAL CONDITIONS

G1. DISCHARGE VIOLATIONS

All discharges and activities authorized by this permit shall be consistent with the terms 

and conditions of this permit.

G2. PROPER OPERATION AND MAINTENANCE

The Permittee shall at all times properly operate and maintain all facilities and systems of 

collection, treatment, and control (and related appurtenances) which are installed or used 

by the Permittee for pollution control to achieve compliance with the terms and conditions 

of this permit.

G3. NOTIFICATION OF DISCHARGE INCLUDING SPILLS

If a Permittee has knowledge of a discharge, including spills, into or from a municipal 

storm sewer which could constitute a threat to human health, welfare, or the environment, 

the Permittee shall:

A. Take appropriate action to correct or minimize the threat to human health, welfare, 

and/or the environment, and

B. Notify the Ecology regional office and other appropriate spill response authorities 

immediately but in no case later than within 24 hours of obtaining that knowledge. 

The Ecology Central Regional Office 24-hour number is 509-575-2490, and for the 

Eastern Regional Office the 24-hour number is 509-329-3400.

C. Immediately report spills or discharges of oils or hazardous materials to the Ecology 

regional office and to the Washington Emergency Management Division, 1-800-258-

5990.

G4. BYPASS PROHIBITED 

The intentional bypass of stormwater from all or any portion of a stormwater treatment 

BMP whenever the design capacity of the treatment BMP is not exceeded, is prohibited 

unless the following conditions are met:

A. Bypass is: (1) unavoidable to prevent loss of life, personal injury, or severe property 

damage; or (2) necessary to perform construction or maintenance-related activities 

essential to meet the requirements of the Clean Water Act (CWA); and

B. There are no feasible alternatives to bypass, such as the use of auxiliary treatment 

facilities, retention of untreated stormwater, or maintenance during normal dry 

periods.

"Severe property damage" means substantial physical damage to property, damage to the 

treatment facilities which would cause them to become inoperable, or substantial and 

permanent loss of natural resources which can reasonably be expected to occur in the 

absence of a bypass. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

Page 57

G5. RIGHT OF ENTRY

The Permittee shall allow an authorized representative of Ecology, upon the presentation of 

credentials and such other documents as may be required by law at reasonable times:

A. To enter upon the Permittee's premises where a discharge is located or where any 

records shall be kept under the terms and conditions of this permit;

B. To have access to, and copy at reasonable cost and at reasonable times, any records 

that shall be kept under the terms of the permit;

C. To inspect at reasonable times any monitoring equipment or method of monitoring 

required in the permit;

D. To inspect at reasonable times any collection, treatment, pollution management, or 

discharge facilities; and

E. To sample at reasonable times any discharge of pollutants.

G6. DUTY TO MITIGATE

The Permittee shall take all reasonable steps to minimize or prevent any discharge in 

violation of this permit which has a reasonable likelihood of adversely affecting human 

health or the environment.

G7. PROPERTY RIGHTS

This permit does not convey any property rights of any sort, or any exclusive privilege.

G8. COMPLIANCE WITH OTHER LAWS AND STATUTES 

Nothing in this permit will be construed as excusing the Permittee from compliance with 

any other applicable federal, state, or local statutes, ordinances, or regulations.

G9. MONITORING

A. Representative Sampling: Samples and measurements taken to meet the requirements 

of this permit shall be representative of the volume and nature of the monitored 

discharge, including representative sampling of any unusual discharge or discharge 

condition, including bypasses, upsets, and maintenance-related conditions affecting 

effluent quality.

B. Records Retention: The Permittee shall retain records of all monitoring information, 

including all calibration and maintenance records and all original recordings for 

continuous monitoring instrumentation, copies of all reports required by this permit, 

and records of all data used to complete the application for this permit, for a period of 

at least five years. This period of retention shall be extended during the course of any 

unresolved litigation regarding the discharge of pollutants by the Permittee or when 

requested by Ecology. On request, monitoring data and analysis shall be provided to 

Ecology.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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C. Recording of Results: For each measurement or sample taken, the Permittee shall 

record the following information: (1) the date, exact place and time of sampling; (2) 

the individual who performed the sampling or measurement; (3) the dates the 

analyses were performed; (4) who performed the analyses; (5) the analytical 

techniques or methods used; and (6) the results of all analyses.

D. Test Procedures: All sampling and analytical methods used to meet the monitoring 

requirements specified in this permit shall conform to the Guidelines Establishing 

Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136, unless 

otherwise specified in this permit or approved in writing by Ecology.

E. Flow Measurement: Appropriate flow measurement devices and methods consistent 

with accepted scientific practices shall be selected and used to ensure the accuracy 

and reliability of measurements of the volume of monitored discharges. The devices 

shall be installed, calibrated, and maintained to ensure that the accuracy of the 

measurements is consistent with the accepted industry standard for that type of 

device. Frequency of calibration shall be in conformance with manufacturer's 

recommendations or at a minimum frequency of at least one calibration per year. 

Calibration records should be maintained for a minimum of three years.

F. Lab Accreditation: All monitoring data, except for flow, temperature, conductivity, 

pH, total residual chlorine, and other exceptions approved by Ecology, shall be 

prepared by a laboratory registered or accredited under the provisions of, 

Accreditation of Environmental Laboratories, Chapter 173-50 WAC. Soils and 

hazardous waste data are exempted from this requirement pending accreditation of 

laboratories for analysis of these media by Ecology.

G. Additional Monitoring: Ecology may establish specific monitoring requirements in 

addition to those contained in this permit by permit modification.

G10. REMOVED SUBSTANCES

With the exception of decant from street waste vehicles, the Permittee shall not allow 

collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in 

the course of treatment or control of stormwater to be re-suspended or reintroduced to the 

storm sewer system or to waters of the state. Decant from street waste vehicles resulting 

from cleaning stormwater facilities may be reintroduced only when other practical means 

are not available and only in accordance with Recommendations for Disposal of Street 

Waste Liquids, pp. 8B-9 through 8B-12 in Appendix 8B of the Stormwater Management 

Manual for Eastern Washington (2004), or another technical stormwater manual approved 

by Ecology.

G11. SEVERABILITY

The provisions of this permit are severable, and if any provision of this permit, or the 

application of any provision of this permit to any circumstance, is held invalid, the 

application of such provision to other circumstances, and the remainder of this permit will 

not be affected thereby.
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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G12. REVOCATION OF COVERAGE

The director may terminate coverage under this General Permit in accordance with Chapter 

43.21B RCW and Chapter 173-226 WAC. Cases where coverage may be terminated 

include, but are not limited to the following:

A. Violation of any term or condition of this General Permit;

B. Obtaining coverage under this General Permit by misrepresentation or failure to 

disclose fully all relevant facts; 

C. A change in any condition that requires either a temporary or permanent reduction or 

elimination of the permitted discharge;

D. A determination that the permitted activity endangers human health or the 

environment, or contributes significantly to water quality standards violations; 

E. Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090; 

F. Nonpayment of permit fees assessed pursuant to RCW 90.48.465;

Revocation of coverage under this General Permit may be initiated by Ecology or 

requested by any interested person.

G13. TRANSFER OF COVERAGE

The director may require any discharger authorized by this General Permit to apply for and 

obtain an individual permit in accordance with Chapter 43.21B RCW and Chapter 173-226

WAC. 

G14. GENERAL PERMIT MODIFICATION AND REVOCATION

This General Permit may be modified, revoked and reissued, or terminated in accordance 

with the provisions of WAC 173-226-230. Grounds for modification, revocation and reissuance, or termination include, but are not limited to the following: 

A. A change occurs in the technology or practices for control or abatement of pollutants 

applicable to the category of dischargers covered under this General Permit; 

B. Effluent limitation guidelines or standards are promulgated pursuant to the CWA or 

chapter 90.48 RCW, for the category of dischargers covered under this General 

Permit; 

C. A water quality management plan containing requirements applicable to the category 

of dischargers covered under this General Permit is approved; 

D. Information is obtained which indicates that cumulative effects on the environment 

from dischargers covered under this General Permit are unacceptable; or

E. Changes made to State law reference this permit. 
Eastern Washington Phase II Municipal Stormwater Permit – September 1, 2012

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G15. REPORTING A CAUSE FOR MODIFICATION OR REVOCATION

A Permittee who knows or has reason to believe that any activity has occurred or will occur 

which would constitute cause for modification or revocation and re-issuance under 

Condition G12, G14, or 40 CFR 122.62 shall report such plans, or such information, to 

Ecology so that a decision can be made on whether action to modify, or revoke and reissue 

this permit will be required. Ecology may then require submission of a new or amended 

application. Submission of such application does not relieve the Permittee of the duty to 

comply with this permit until it is modified or reissued.

G16. APPEALS 

A. The terms and conditions of this General Permit, as they apply to the appropriate 

class of dischargers, are subject to appeal within thirty days of issuance of this 

general permit, in accordance with Chapter 43.21B RCW, and Chapter 173-226

WAC.

B. The terms and conditions of this General Permit, as they apply to an individual 

discharger, can be appealed in accordance with Chapter 43.21B RCW within thirty 

days of the effective date of coverage of that discharger. Consideration of an appeal 

of general permit coverage of an individual discharger is limited to the general 

permit's applicability or non-applicability to that individual discharger.

C. The appeal of general permit coverage of an individual discharger does not affect any 

other dischargers covered under this General Permit. If the terms and conditions of 

this general permit are found to be inapplicable to any individual discharger(s), the 

matter will be remanded to Ecology for consideration of issuance of an individual 

permit or permits.

D. Modifications of this permit can be appealed in accordance with Chapter 43.21B 

RCW and Chapter 173-226 WAC.

G17. PENALTIES

40 CFR 122.41(a)(2) and (3), 40 CFR 122.41(j)(5), and 40 CFR 122.41(k)(2) are hereby 

incorporated into this permit by reference.

G18. DUTY TO REAPPLY

The Permittee shall apply for permit renewal at least 180 days prior to the specified 

expiration date of this permit. 

G19. CERTIFICAITON AND SIGNATURE

All applications, reports, or information submitted to Ecology shall be signed and certified.

A. All permit applications shall be signed by either a principal executive officer or 

ranking elected official.
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B. All reports required by this permit and other information requested by Ecology shall 

be signed by a person described above or by a duly authorized representative of that 

person. A person is a duly authorized representative only if:

1. The authorization is made in writing by a person described above and submitted 

to Ecology, and

2. The authorization specifies either an individual or a position having 

responsibility for the overall development and implementation of the 

stormwater management program. (A duly authorized representative may thus 

be either a named individual or any individual occupying a named position.)

C. Changes to authorization. If an authorization under General Condition G19.B.2 is no 

longer accurate because a different individual or position has responsibility for the 

overall development and implementation of the stormwater management program, a 

new authorization satisfying the requirements of General Condition G19.B.2 shall be 

submitted to Ecology prior to or together with any reports, information, or 

applications to be signed by an authorized representative.

D. Certification. Any person signing a document under this permit shall make the 

following certification:

“I certify under penalty of law, that this document and all attachments were prepared 

under my direction or supervision in accordance with a system designed to assure that 

Qualified Personnel properly gathered and evaluated the information submitted. 

Based on my inquiry of the person or persons who manage the system or those 

persons directly responsible for gathering information, the information submitted is, 

to the best of my knowledge and belief, true, accurate, and complete. I am aware that 

there are significant penalties for submitting false information, including the 

possibility of fine and imprisonment for willful violations.”

G20. NON-COMPLIANCE NOTIFICATION

In the event it is unable to comply with any of the terms and conditions of this permit, the 

Permittee must:

A. Notify Ecology of the failure to comply with the permit terms and conditions in 

writing within 30 days of becoming aware that the non-compliance has occurred. 

The written notification must include all of the following:

1. A description of the non-compliance, including dates.

2. Beginning and ending dates of the non-compliance, and if the non-compliance 

has not been corrected, the anticipated date of correction.

3. Steps taken or planned to reduce, eliminate, or prevent reoccurrence of the noncompliance. 

B. Take appropriate action to stop or correct the condition of non-compliance.
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G21. UPSETS

Permittees shall meet the conditions of 40 CFR 122.41(n) regarding “Upsets.” The 

conditions are as follows: 

A. Definition. “Upset” means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology-based permit effluent limitations because 

of factors beyond the reasonable control of the Permittee. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed 

treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or 

careless or improper operation. 

B. Effect of an upset. An upset constitutes an affirmative defense to an action brought 

for noncompliance with such technology-based permit effluent limitations if the 

requirements of paragraph (C) of this condition are met. Any determination made 

during administrative review of claims that noncompliance was caused by upset, and 

before an action for noncompliance, will not constitute final administrative action 

subject to judicial review. 

C. Conditions necessary for demonstration of upset. A Permittee who wishes to 

establish the affirmative defense of upset shall demonstrate, through properly signed 

contemporaneous operating logs, or other relevant evidence that: 

1. An upset occurred and that the Permittee can identify the cause(s) of the upset; 

2. The permitted facility was at the time being properly operated; and 

3. The Permittee submitted notice of the upset as required in 40 CFR 

122.41(l)(6)(ii)(B) (24-hour notice of noncompliance).

4. The Permittee complied with any remedial measures required under 40 CFR 

122.41(d) (Duty to Mitigate).

D. Burden of proof. In any enforcement proceeding, the Permittee seeking to establish 

the occurrence of an upset has the burden of proof.
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DEFINITIONS AND ACRONYMS

“40 CFR” means Title 40 of the Code of Federal Regulations, which is the codification of the 

general and permanent rules published in the Federal Register by the executive departments 

and agencies of the federal government.

“ADT” means Average Daily Traffic.

“AKART” means All Known, Available, and Reasonable methods of prevention, control, and 

Treatment. See also the State Water Pollution Control Act, sections 90.48.010 RCW and 

90.48.520 RCW.

“All known, available, and reasonable methods of prevention, control, and treatment” refers to 

the state Water Pollution Control Act, RCW 90.48.010 and 90.48.520.

“Applicable TMDL” means a TMDL which has been approved by EPA on or before the issuance 

date of this permit, or prior to the date that the Permittee’s application is received by 

Ecology, or prior to a modification of this permit, whichever is later.

“Average Daily Traffic” (ADT) means the expected number of vehicles using a roadway. 

Projected average daily traffic volumes are considered in designing a roadway or roadway 

improvement. ADT volumes shall be estimated using “Trip Generation” published by the 

Institute of Transportation Engineers or from a traffic study prepared by a professional 

engineer or transportation specialist with expertise in traffic volume estimation. ADT 

volumes shall be estimated for the design year or expected life of the project (the intent is for 

treatment facilities to be added in the soonest period of disruptive construction). For project 

sites with seasonal or varied use, evaluate the highest period of expected traffic impacts.

“Beneficial Uses” means uses of waters of the state, which include but are not limited to: use for 

domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and 

wildlife maintenance and enhancement, recreation, generation of electric power and 

preservation of environmental and aesthetic values, and all other uses compatible with the 

enjoyment of the public waters of the state.

“Best Management Practices” are the schedules of activities, prohibitions of practices, 

maintenance procedures, and structural and/or managerial practices approved by Ecology 

that, when used singly or in combination, prevent or reduce the release of pollutants and 

other adverse impacts to receiving waters. 

“BMP” means Best Management Practice.

“Bypass” means the diversion of stormwater from any portion of a stormwater treatment facility.

“Certified Erosion and Sediment Control Lead” (CESCL) means an individual who is 

knowledgeable in the principles and practices of erosion and sediment control. The CESCL 

shall have the skills to assess: the site conditions and construction activities that could impact 

the quality of stormwater; and the effectiveness of erosion and sediment control measures 

used to control the quality of stormwater discharges. The CESCL shall have current 

certification through an approved erosion and sediment control training program that meets 
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the minimum training standards established by Ecology (see BMP C160 in the Stormwater 

Management Manual for Eastern Washington (2004)). 

“CESCL” means Certified Erosion and Sediment Control Lead.

“Common plan of development or sale” means a site where multiple separate and distinct 

construction activities may be taking place at different times on different schedules, but still 

under a single plan. Examples include: phased projects and projects with multiple filings or 

lots, even if the separate phases or filings/lots will be constructed under separate contract or 

by separate owners (e.g. a development where lots are sold to separate builders); a 

development plan that may be phased over multiple years, but is still under a consistent plan 

for long-term development; and projects in a contiguous area that may be unrelated but still 

under the same contract, such as construction of a building extension and a new parking lot at 

the same facility. If the project is part of a common plan of development or sale, the 

disturbed area of the entire plan shall be used in determining permit requirements. 

“Component” or “Program Component” means an element of the Stormwater Management 

Program listed in S5 Stormwater Management Program for Cities, Towns, and Counties or 

S6 Stormwater Management Program for Secondary Permittees of this permit.

“Co-Permittee” means any operator of a regulated small MS4 that is applying jointly with 

another applicant for coverage under this permit. A Co-Permittee owns or operates a 

regulated small MS4 located within or adjacent to another regulated MS4. A Co-Permittee is 

only responsible for complying with the conditions of this permit relating to discharges from 

the MS4 the Co-Permittee owns or operates. See also 40 CFR 122.26(b)(1)

“CWA” means the federal Clean Water Act (formerly referred to as the Federal Water Pollution 

Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500, 

as amended in Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97-117, 33 

U.S.C. 1251 et. seq.

“Detailed Implementation Plan” means the formal implementation plan for a Total Maximum 

Daily Load (TMDL) or water quality clean-up plan.

“DIP” means Detailed Implementation Plan. 

“Director” means the Director of the Washington State Department of Ecology, or an authorized 

representative.

“Discharge” for the purpose of this permit unless indicated otherwise, refers to discharges from 

municipal separate storm sewers owned or operated by a Permittee.

“Entity” means a governmental body or a public or private organization.

“Existing conditions” are the impervious surfaces, drainage systems, land cover, native 

vegetation and soils that exist at a site prior to any changes associated with achieving the 

proposed development conditions. Approved permits and engineering plans may be 

required. If sites have impervious areas and drainage systems that were built without 

approved permits, then the existing condition is defined as those that existed prior to the issue 

date of this Permit. Existing conditions may be verified by using aerial photography or other 
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records. Existing conditions are used for hydrologic analysis at the site unless a City or 

County imposes other requirements.

“General Permit” means a permit which covers multiple dischargers of a point source category 

within a designated geographical area, in lieu of individual permits being issued to each 

discharger. 

“Ground water” means water in a saturated zone or stratum beneath the surface of the land or 

below a surface water body.

“Heavy equipment maintenance or storage yard” means an uncovered area where any heavy 

equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are 

washed or maintained, or where at least five pieces of heavy equipment are stored on a long 

term basis.

“High ADT Roadways and Parking Areas” are any road with ADT greater than 30,000 vehicles 

per day; and parking areas with more than 100 trip ends per 1,000 SF of gross building area 

or greater than 300 total trip ends are considered to be high-use traffic areas. Examples 

include commercial buildings with a frequent turnover of customers and other visitors.

“High-Use Sites” generate high concentrations of oil due to high traffic turnover or the frequent

transfer of oil and/or other petroleum products. High-use sites are land uses where sufficient 

quantities of free oil are likely to be present such that they can be effectively removed with 

special treatment. A high-use site is any one of the following:

 A road intersection with expected ADT of 25,000 vehicles or more on the main 

roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects 

proposing primarily pedestrian or bicycle use improvements; or

 A commercial or industrial site with an expected trip end count equal to or greater than 

100 vehicles per 1,000 square feet of gross building area (best professional judgment 

should be used in comparing this criterion with the following criterion); or

 A customer or visitor parking lot with an expected trip end count equal to or greater 

than 300 vehicles (best professional judgment should be used in comparing this 

criterion with the preceding criterion); or

 Commercial on-street parking areas on streets with an expected total ADT count equal 

to or greater than 7,500; or

 Fueling stations and facilities; or

 A commercial or industrial site subject to petroleum storage and transfer in excess of 

1,500 gallons per year (not including locations where heating fuel is routinely delivered 

to end users and the annual amount of heating oil used at the site is the sole basis for the 

site meeting this definition; heating fuel handling and storage facilities are subject to 

this definition); or
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 A commercial or industrial site subject to use, storage, or maintenance of a fleet of 25 

or more diesel vehicles that are over 10 tons gross weight (trucks, buses, trains, heavy 

equipment, etc.); or

 Maintenance and repair facilities for vehicles, aircraft, construction equipment, railroad 

equipment or industrial machinery and equipment; or

 Outdoor areas where hydraulic equipment is stored; or

 Log storage and sorting yards and other sites subject to frequent use of forklifts and/or 

other hydraulic equipment; or

 Railroad yards.

“Hydrologic modification of a wetland” means, for the purpose of stormwater management, that 

the wetland will receive a greater total volume of surface runoff following the proposed 

development than it receives in the current condition. 

“Hyperchlorinated” means water that contains more than 10 mg/Liter chlorine. “Illicit 

connection” means any man-made conveyance that is connected to a municipal separate 

storm sewer without a permit, excluding roof drains and other similar type connections. 

Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, 

inlets, or outlets that are connected directly to the municipal separate storm sewer system. 

“Illicit discharge” means any discharge to a municipal separate storm sewer that is not composed 

entirely of storm water except discharges pursuant to a NPDES permit (other than the 

NPDES permit for discharges from the municipal separate storm sewer) and discharges 

resulting from emergency fire fighting activities.

“Industrial or Construction Activity” means manufacturing, processing or raw materials storage 

areas at an industrial plant; or clearing, grading and/or excavation. These activities are 

required to NPDES permit coverage in accordance with 40 CFR 122.26.

“Interflow” means that portion of rainfall that infiltrates into the soil and moves laterally through 

the upper soil horizons until intercepted by a stream channel or until it returns to the surface.

“Low ADT Roadways and Parking Areas” are urban roads with ADT fewer than 7,500 vehicles 

per day; rural roads and freeways with ADT less than 15,000 vehicles per day; and parking 

areas with less than 40 trip ends per 1,000 SF of gross building area or fewer than 100 total 

trip ends per day are considered to be low-use traffic areas. Examples include most 

residential parking, and employee-only parking areas for small office parks or other 

commercial buildings. Urban roads are located within designated Urban Growth 

Management Areas; rural roads are located outside designated Urban Growth Management 

Areas. Freeways, defined as fully controlled and partially controlled limited access 

highways, may be located either inside or outside of Urban Growth Management Areas.

“Low Density Residential Land Use” means, for the purpose of permit section S8 Monitoring 

and Program Evaluation, one unit per 1 to 5 acres. 
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“Low Impact Development” (LID) means a stormwater management and land development 

strategy applied at the parcel and subdivision scale that emphasizes conservation and use of 

on-site natural features integrated with engineered, small-scale hydrologic controls to more 

closely mimic pre-development hydrologic functions.

“Material Storage Facilities” means an uncovered area where bulk materials (liquid, solid, 

granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means.

“Maximum Extent Practicable” refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water 

Act, which reads as follows: “Permits for discharges from municipal storm sewers shall 

require controls to reduce the discharge of pollutants to the maximum extent practicable, 

including management practices, control techniques, and system, design, and engineering 

methods, and other such provisions as the Administrator or the State determines appropriate 

for the control of such pollutants.”

“MEP” means Maximum Extent Practicable.

“Moderate ADT Roadways and Parking Areas” are urban roads with ADT between 7,500 and 

30,000 vehicles per day; rural roads and freeways with ADT between 15,000 and 30,000 

vehicles per day; and parking areas with between 40 and 100 trip ends per 1,000 SF of gross 

building area or between 100 and 300 total trip ends per day are considered to be moderateuse traffic areas. Examples include visitor parking for small to medium commercial 

buildings with a limited number of daily customers. Urban roads are located within 

designated Urban Growth Management Areas; rural roads are located outside designated 

Urban Growth Management Areas. Freeways, defined as fully controlled and partially 

controlled limited access highways, may be located either inside or outside of Urban Growth 

Management Areas.

“Moderate-Use Sites” include moderate ADT roadways and parking areas (see definition above); 

primary access points for high-density residential apartments; most intersections controlled 

by traffic signals; and transit center bus stops. These sites are expected to generate sufficient 

concentrations of metals that additional runoff treatment is needed to protect water quality in 

non-exempt surface waters.

“MS4” means Municipal Separate Storm Sewer System.

“MTRs” means Minimum Technical Requirements.

“Municipal Separate Storm Sewer” means a conveyance, or system of conveyances (including 

roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, 

manmade channels, or storm drains): (i) owned or operated by a state, city, town, borough, 

county, parish, district, association, or other public body (created by or pursuant to State 

Law) having jurisdiction over disposal of wastes, storm water, or other wastes, including 

special districts under State Law such as a sewer district, flood control district or drainage 

district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a 

designated and approved management agency under section 208 of the CWA that discharges 

to waters of the United States; (ii) designed or used for collecting or conveying stormwater; 

(iii) which is not a combined sewer; and (iv) which is not part of a Publicly Owned 

Treatment Works (POTW) as defined at 40 CFR 122.2.
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“National Pollutant Discharge Elimination System” means the national program for issuing, 

modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and 

imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of 

the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state 

from point sources. These permits are referred to as NPDES permits and, in Washington 

State, are administered by the Washington State Department of Ecology. 

“New development” is the conversion of previously undeveloped or pervious surfaces to 

impervious surfaces and managed landscape areas not specifically exempt in the 

“Exemptions” or “Partial Exemptions” sections of Appendix 1. Projects that add new lanes 

on an existing roadway or otherwise expand the pavement edge are included in the definition 

of new development because they create new impervious surfaces; these projects are subject 

to the thresholds and requirements for new development as set forth in Appendix 1.

“NOI” means Notice of Intent.

“Non-Pollutant Generating Impervious Surfaces” (NPGIS) are considered to be insignificant 

sources of pollutants in stormwater runoff. Roofs that are subject only to atmospheric 

deposition or normal heating, ventilation, and air conditioning vents are considered NPGIS, 

unless the roofing material is uncoated metal. The following may also be considered NPGIS: 

paved bicycle pathways and pedestrian sidewalks that are separated from and not subject to 

drainage from roads for motor vehicles, fenced fire lanes, infrequently used maintenance 

access roads, and “in-slope” areas of roads. Sidewalks that are regularly treated with sand, 

salt or other de-icing/anti-icing agents are not considered NPGIS.

“Notice of Intent” means an application or request for coverage under a General NPDES Permit 

pursuant to WAC 173-226-200.

“NPDES” means National Pollutant Discharge Elimination System.

“NPGIS” means Non-Pollutant Generating Impervious Surfaces.

“Outfall” means point source as defined by 40 CFR 122.2 at the point where a municipal 

separate storm sewer discharges to waters of the State and does not include open 

conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other 

conveyances which connect segments of the same stream or other waters of the State and are 

used to convey waters of the State.

“Permittee” means any Primary Permittee, Co-Permittee, or Secondary Permittee unless 

specifically stated otherwise for a particular section of this permit.

“PGIS” means Pollutant Generating Impervious Surfaces.

“Physically interconnected” means that one municipal separate storm sewer is connected to a 

second municipal separate storm sewer in such a way that it allows for direct discharges to 

the second system. For example, the roads with drainage systems and municipal streets of 

one entity are physically connected directly to a municipal separate storm sewer belonging to 

another entity.
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“Pollutant Generating Impervious Surfaces” (PGIS) are surfaces that are considered to be 

significant sources of pollutants in stormwater runoff. Such surfaces include those that are 

subject to vehicular use, industrial activities, or storage of erodible or leachable materials that 

receive direct rainfall or run-on or blow-in of rainfall. Metal roofs are considered to be PGIS 

unless coated with an inert, non-leachable material. Roofs that are subject to venting of 

indoor pollutants from manufacturing, commercial or other operations or processes are also 

considered PGIS. A surface, whether paved or not, will be considered PGIS if it is regularly 

used by motor vehicles. The following are considered regularly-used surfaces: roads, 

unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, 

parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport runways.

“Primary Permittee” means a City, Town or County owning or operating a regulated small MS4.

“Process wastewater” means any water which, during manufacture or processing, comes into 

direct contact with or results form the production or use of any raw material, intermediate 

product, finished product, by product, or waste product.

“Proposed development conditions” are the impervious surfaces, drainage systems, land cover, 

native vegetation and soils that are proposed to exist at the site at the completion of the 

project (complete build-out). Also called “post-developed conditions.”

“Qualified Personnel” means staff members or contractors who have had professional training in 

the aspects of stormwater management for which they are responsible and are under the 

functional control of the Permittee.

“RCW” means the Revised Code of Washington State.

“Redevelopment” is the replacement or improvement of impervious surfaces on a developed site. 

The project proponent shall identify what Core Elements in Appendix 1 apply to all of the 

new and replaced impervious surfaces created by the project. All new impervious surfaces 

added during a redevelopment project are subject to the Core Elements in Appendix 1. The 

requirements for redevelopment projects set forth in the Core Elements in Appendix 1 apply 

to the impervious surfaces altered or replaced by a redevelopment project. Impervious 

surface replacements defined as exempt activities in the “Exemptions” section of Appendix 1 

and at other projects identified in the “Partial Exemptions” section of Appendix 1 have 

reduced requirements.

“Regulated Small Municipal Separate Storm Sewer System” means a MS4 which is 

automatically designated for inclusion in the Phase II stormwater permitting program by its 

location within an Urbanized Area, or by designation by Ecology.

“Regulatory Threshold” refers to the one-acre size, including the exception noted below, of new 

development and redevelopment projects that shall be regulated under this permit. The 

threshold includes construction site activities and new development and redevelopment 

projects that result in a land disturbance of equal to or greater than one acre and construction 

activities and projects less than one acre that are part of a larger common plan of 

development or sale. This threshold is a minimum requirement that may be exceeded by a 

local jurisdiction.
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“Replaced impervious surfaces” means, for structures, the removal and replacement of any 

exterior impervious surfaces or foundation; or, for other impervious surfaces, the removal 

down to bare soil, or base course, and replacement. Exemptions and partial exemptions are 

defined in Appendix 1 of this permit.

“Runoff” is water that travels across the land surface, or laterally through the ground near the 

land surface, and discharges to water bodies either directly or through a collection and 

conveyance system. Runoff includes stormwater and water from other sources that travels 

across the land surface. See also “Stormwater.”

“Rural roads” are roads located outside designated Urban Growth Management Areas. 

“Secondary Permittee” is an operator of regulated small MS4 that is not a City, Town or County. 

Secondary Permittees include special purpose districts and other MS4s that meet the criteria 

for a regulated small MS4 in S1.B.

“Short Duration Storm” means the 3-hour duration design storm distribution, described in 

Chapter 4.2.1 of the Stormwater Management Manual for Eastern Washington (2004), which 

represents the short durations, high intensities, and smaller volumes that characterize summer 

thunderstorms in eastern Washington.

“Significant contributor” means a discharge contributes a loading of pollutants considered to be 

sufficient to cause or exacerbate the deterioration of receiving water quality or instream 

habitat conditions.

“Small Municipal Separate Storm Sewer System” or “Small MS4” is a conveyance or system of 

conveyances including roads with drainage systems, municipal streets, catch basins, curbs, 

gutters, ditches, man-made channels, and/or storm drains which:

a. Is owned or operated by a city; town; county; or district, association or other public 

body created pursuant to State law having jurisdiction over disposal of stormwater, 

sewage, industrial wastes, or other wastes, including special districts such as a sewer 

districts, flood control districts or drainage districts, or similar entities;

b. Is designed or used for collecting or conveying stormwater;

c. Is not a combined sewer system; 

d. Is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2; 

and

e. Is not defined as a “large” or “medium” MS4 pursuant to 40 CFR 122.26(b)(4) & (7) or 

designated under 40 CFR 122.26 (a)(1)(v). 

Small MS4s include systems similar to separate storm sewer systems in municipalities 

such as: universities, prison complexes, and highways and other thoroughfares. Storm 

sewer systems in very discrete areas such as individual buildings do not require 

coverage under this permit. Small MS4s do not include storm drain systems operated 

by non-governmental entities such as: individuals, private schools, private colleges, 

private universities, and industrial and commercial entities.
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“Stormwater” means runoff during and following precipitation and snowmelt events, including 

surface runoff, drainage and interflow.

“Stormwater Associated with Industrial and Construction Activity” means the discharge from 

any conveyance used for collecting and conveying stormwater directly related to 

manufacturing, processing or raw materials storage areas at an industrial plant, or associated 

with clearing, grading and/or excavation, and required to have an NPDES permit in 

accordance with 40 CFR 122.26. 

“Stormwater Management Manual for Eastern Washington” means the technical manual 

(Publication No. 04-10-076) published by the Department of Ecology in September 2004. 

“Stormwater Management Program” means a set of actions and activities designed to reduce the 

discharge of pollutants from the regulated small MS4 to the maximum extent practicable and 

to protect water quality, and comprising the components listed in S5 or S6 of this permit and 

any additional actions necessary to meet the requirements of applicable TMDLs.

“SWMMEW” means the Stormwater Management Manual for Eastern Washington (2004).

“SWMP” means Stormwater Management Program.

“TMDL” means Total Maximum Daily Load.

“TMDL waste load allocation” means the allowable load of a single pollutant from a single 

contributing point source.

“Total Maximum Daily Load” means a water cleanup plan. A TMDL is a calculation of the 

maximum amount of a pollutant that a water body can receive and still meet water quality 

standards, and an allocation of that amount to the pollutant’s sources. A TMDL is the sum of 

the allowable loads of a single pollutant from all contributing point and nonpoint sources. 

The calculation shall include a margin of safety to ensure that the water body can be used for 

the purposes the state has designated. The calculation shall also account for seasonable 

variation in water quality. Water quality standards are set by states, territories, and tribes. 

They identify the uses for each water body, for example, drinking water supply, contact 

recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support 

that use. The Clean Water Act, section 303, establishes the water quality standards and 

TMDL programs.

“Trip Ends” means the expected number of vehicles using a parking area. Projected trip end 

counts for a parking area are associated with the proposed land use. Trip end counts shall be 

estimated using “Trip Generation” published by the Institute of Transportation Engineers or 

from a traffic study prepared by a professional engineer or transportation specialist with 

expertise in traffic volume estimation. Trip end counts shall be made for the design year or 

expected life of the project (the intent is for treatment facilities to be added in the soonest 

period of disruptive construction). For project sites with seasonal or varied use, evaluate the 

highest period of expected traffic impacts.

“UA” means Urbanized Area.
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“Urban Growth Area” means the designated area within which urban growth shall be encouraged 

and outside of which growth can occur only if it is not urban in nature, as defined at Chapter 

36.70A.110 RCW (Growth Management Act) Comprehensive plans, Urban growth areas.

“Urbanized Area” is a land area comprising one or more places and the adjacent densely settled 

surrounding area that together have a residential population of at least 50,000 and an overall 

population density of at least 1,000 people per square mile. For the year 2000 Census, the 

U.S. Census Bureau classified “urban” as all territory, population, and housing units located 

within an Urbanized Area (UA) or an Urban Cluster (UC). It delineated UA and UC 

boundaries to encompass densely settled territory, which consists of: core census block 

groups or blocks that have a population density of at least 1,000 people per square mile and 

surrounding census blocks that have an overall density of at least 500 people per square mile. 

In addition, under certain conditions, less densely settled territory may be part of each UA or 

UC. The U.S. Census Bureau announced the “Census 2000 Urbanized Areas” on May 1, 

2002. More information can be found at the U.S. Census Bureau website at: 

http://www.census.gov/geo/www/ua/ua_2k.html. 

“Urban roads” are roads located within designated Urban Growth Management Areas. Partially 

controlled limited access highways located inside of Urban Growth Management Areas are 

considered urban roads. Freeways, as defined above, are not considered urban roads for the 

purpose of applying the Minimum Technical Requirements in Appendix 1.

“Waters of the state” includes those waters as defined as “waters of the United States” in 40 CFR 

122.2 within the geographic boundaries of Washington State and “waters of the state” as 

defined in Chapter 90.48 RCW which includes: lakes, rivers, ponds, streams, inland waters, 

underground waters, salt waters and all other surface waters and water courses within the 

jurisdiction of the State of Washington.

“Water quality standards” means Surface Water Quality Standards, Chapter 173-201A WAC; 

Ground Water Quality Standards, Chapter 173-200 WAC; and Sediment Management 

Standards, Chapter 173-204 WAC.