Page I of 22

Permit No. WA0040975

Issuance Date: "M"'a'.ly'-I'-'7c,.,..=2"'0"'02=- _

Effective Date: "'Ju"'n"e'-'I....,-=2"'0"'0=:2:-:-::-,-- _

Expiration Da e: January I, 2006

NATIONAL POLLUTANT DISCHARGE ELIMINI TION SYSTEM

WASTE DISCHARGE PERMIT No. WAO 40975

State of Washington

DEPARTMENT OF ECOLOGY

Olympia, Washington 98504-7600

In compliance with the provisions a

The State of Washington Water Pollution Co trol Law

Chapter 90.48 Revised Code ofWashin ton

and

The Federal Water Pollution Control Act

(The Clean Water Act)

Title 33 United States Code, Section 1251 t seq,

Willapa Bay/Grays Harbor Oyster Growers ~ssociation

P,O, Box 309

Ocean Park, WA 98640

and

Farm and Forest Helicopter Service Inc,

P,O, Box 404

Napavine, WA 98565

Facility Location: All ofWillapa Bay and Grays

Harbor

Water Body 1.0. No.: Willapa Bay 11-24-01

Grays Harbor 10-22-03

Industry Type: Oyster Fanning

Receiving Water: Willapa Bay and Grays Harbor

Discharge Locaticn: Area Bounded by :

Latitude: 460 24' to 470 00' N

Longitude: 123051' W to 124002' W

is authorized to discharge in accordance with the special and gen ral conditions which follow,

original signed by:

Kelly Susewi d, P.E,

Southwest Re ion Manager

Water Quality Program

Washington State Department of Ecology
Page 2 of22

Permit No. WA0040975

TABLE OF CONTENTS

SUMMARY OF PERMIT REPORT SUBMITTALS 4

SPECIAL CONDITIONS

SI.

A.

S2.

A.

B.

C.

S3.

A.

B.

C.

D.

E.

F.

S4.

A.

B.

C.

D.

S5.

A.

B.

C.

D.

E.

S6.

S7.

DISCHARGE LIMITATIONS 5

Process Wastewater Discharges

MONITORING REQUIREMENTS : 5

Monitoring Schedule

Sampling Point Locations

Laboratory Accreditation

REPORTING AND RECORDKEEPING REQUIREMENTS 7

Discharge Monitoring Report

Annual Report

Records Retention

Recording ofResults

Additional Monitoring by the Permittees

Noncompliance Notification

ANNUAL OPERATIONS PLAN 9

Annual Operations Plan Requirements

Experimental Use

Notification

Reporting Requirements

COMPLIANCE SCHEDULE 12

Engineering Report

Biological Report

Integrated Pest Management (IPM) Plan

Water Column Fate and Transport Study

Sediment Impact Zone Study

SPILL PLAN 14

BEST MANAGEMENT PRACTICES 14

GENERAL CONDITIONS 16

GI. SIGNATORY REQUiREMENTS 16

G2. RIGHT OF INSPECTION AND ENTRY 16

G3. PERMIT ACTIONS 17

G4. REPORTING A CAUSE FOR MODIFICATION 18

G5. PLAN REVIEW REQUIRED 18

G6. COMPLIANCE WITH OTHER LAWS AND STATUTES 18

G7. DUTY TO REAPPLY 18

G8. TRANSFER OF THIS PERMIT 18

G9. REDUCED PRODUCTION FOR COMPLIANCE 19

G IO. REMOVED SUBSTANCES 19

•
Page 30[22

Penni! No. WA0040975

G11. DUTY TO PROVIDE INFORMATION 19

G12. OTHER REQUIREMENTS OF 40 CFR 19

G13. ADDITIONAL MONITORING 20

G14. PAYMENT OF FEES 20

G15. PENALTIES FOR VIOLATING PERMIT CONDITIONS 20

G16. UPSET 20

G17. PROPERTY RIGHTS 20

G18. DUTY TO COMPLY 21

G19. TOXIC POLLUTANTS 21

020. PENALTIES FOR TAMPERING 21

021. REPORTING PLANNED CHANGES 21

022. REPORTING ANTICIPATED NON-COMPLIANCE 21

023. REPORTING OTHER INFORMATION 21

G24. REPORTING REQUIREMENTS APPLICABLE TO EXIS MANUFACTURING,

COMMERCIAL, MINING, AND SILVICULTURAL DISCHARGER 22

G25. COMPLIANCE SCHEDULES 22
Page 4 of 22

Permit No. WA0040975

SUMMARY OF PERMIT REPORT SUBM TTALS

Refer to the Special and General Conditions of this permit for additiona submittal requirements.

Permit Submittal Frequency First Submittal Date

Section

S3.A, Annual Report Annually December I, 2002

S4.D.

S3.E. Noncompliance Notification As necessary

S4.A. Annual Operations Plan Annually June 1,2002

S5.A. Engineering Report Proposal I/pennit cycl January I, 2003

S5.A. Engineering Report Submittal l/permit cycl January 1,2005

S5.B. Biological Report Proposal I/permit cycl January 1,2003

S5.B. Biological Report Submittal l/pennit cycl January I, 2005

S5.C. Integrated Pest Management Plan I/pennit cycl March 19, 2003

S5.D. Water Column Fate and Transport Study I/permit cycl January 1,2003

Proposal

S5.D. Water Column Fate and Transport Study I/pennit cycl January I, 2005

Proposal

S5.E. Sediment Impact Zone Study Proposal l/pennit cycl January I, 2003

S5.E. Sediment Impact Zone Study Submittal l/pennit cycl January I, 2005

S7. Spill Plan I/pennit cycl June 30, 2002

Gl. Notice ofChange in Authorization As necessary

G4. Permit Application for Substantive Changes As necessary

to the Discharge

G5. Engineering Report for Construction or As necessary

Modification Activities

G7. Application for Permit Renewal l/pennit cycle June I, 2005

G8. Notice ofPennit Transfer As necessary

GZI. Notice of Planned Changes As necessary

G22. Reporting Anticipated Non-compliance As necessary
Page 5 of22

Permit No. WA0040975

SPECIAL CONDITIONS

SI. DISCHARGE LIMITATIONS

A. Process Wastewater Discharges

All discharges and activities authorized by this permit hall be consistent with the tenns

and conditions of this permit. The discharge of carbaryl authorized by this permit is

limited to the waters of the State of Washington. Nothing in this permit shall be

construed as authorizing carbaryl discharge to the Shoalwater Indian Reservation.

Beginning on the effective date of this permit and lasti g through the expiration date, the

Permittees are authorized to apply carbaryl at the tim s and locations approved in the

Annual Operations Plan specified in S4 and in conformance with practices set forth in S7.

This permit authorizes an annual short-term modificati n in accordance with WAC 173-

201A-110 for activities conducted under an appro ed Annual Operations Plan as

specified in S4. The short-term modification suspenc s the acute effluent limit for 24

hours from the time of application and the chronic ef uent limit for 30 days from the

time of application. As described in S4, application of arbaryl must take place between

July I and September I each year. The valid du ation of the annual short-term

modification is from the time of first application until 30 days following the last

application.

Current practices as set forth in S4 and S7 are curre tly accepted as AKART for the

control of burrowing shrimp in Willapa Bay and Grays arbor.

EFFLUENT LIMITATION

Parameter

Carbaryl, ug/l

Acute Limit, 24 Hours after

Application

3.0

Chronic Limit, 30 Days after

Application

0.06

S2. MONITORING REQUIREMENTS

Monitoring required by this section is intended to determine resi ual concentrations of carbaryl in

the area of application. Specific sampling locations and corresponding background locations

identified below are each associated with a general area of trea ment. Treatment locations vary

each year and will be identified in the Annual Operations PI," required in S4. The Annual

Operations Plan will specify the areas and timing of trea ment, and identify appropriate

corresponding sampling locations from those listed in S2.B. below.

The monitoring requirements of this section will be superse ed by those established in the

approved Water Column Fate and Transport Study proposal as required in S5.D.

_. -----------
Page 6 of 22

Permit No. WA0040975

A. Monitoring Schedule

Category Parameter Units Sample Point Minimum Sample Type

Sampling

Freauencv

Spray Site Carbaryl ~g/l Application First Falling Grab

Acute Compliance Areas Tide, at least

24 Hours after

Aoolication

Spray Site I-Napthol ~g/l Application First Falling Grab

Area Tide, at least

24 Hours after

Application

Chronic Carbaryl ug/l See S2.B. below First Falling Grab

Compliance Tide, 30 Days

after

Annlication

30 Day I-Napthol ~g/l See S2.B. below First Falling Grab

Concentration Tide, 30 Days

after

Application

Sampling is required for aerial spraying only. Non-aeri I spraying need not be sampled.

If a large area cannot be sprayed in one day the 30 day waiting period for chronic

sampling will begin on the last day sprayed. Proximate pray sites may be represented by

a single sampling location. Specific sampling location will be identified in the Annual

Operations Plan (S4). It is the duty of the Permittees t assure that all spraying be done

in a manner that will not compromise the validity ofsarrpiing events.

B. Sampling Point Locations

Background Description Latitude Longltude Background

Sampling Points Sampling Point

Match

00 I, Pacific County Larkin Road 46° 44' 26' 24°01' 19" NfA

Drainaae Ditch

002, Bone River Hizhwav 101 Bridge N/A flfA NfA

003 Palix River Highway IOI Bridge N/A ~/A NfA

004 Nemah River Highway IOI Bridge NfA filA NfA

005 Naselle River Hiahwav IOI Bridge NfA fl/A NfA

006 Bear River Hizhwav IOI Bridge N/A filA N/A

Compliance

Samnlina Points

007 Tokeland Point Deepest point of Parallel fA 001

Channel 46° 42' 30"
Page 70f22

Permit No. WA0040975

Background Description Latitude Longitude Background

Sampling Points Sampling Point

Match

008 Russell Channel West End, Deepest Parallel N/A None

point ofChannel 46' 41' 20"

009 Pine Island North End, Deepest Parallel N/A 002,003

Channel point ofChannel 46' 41' 20"

010 Bay Center West End, Deepest N/A Meridian

Channel point of 123' 58' 45" 002,003

oII Center ofBay Channel Parallel N/A 004,005,006

Deepest point of 46' 35' 00"

Channel

012 Unnamed North End, Deepest N/A Meridian

Channel, south of point ofChannel 124'00' 54" None

County Dock

013 Unnamed South End, Deepest N/A Meridian None

Channel, south of point ofChannel 124'00' 54"

County Dock

014 Unnamed North End, Deepest N/A Meridian None

Channel, South of point ofChannel 124'00' 36"

Stacknole Harbor

015 Unnamed South End, Deepest N/A Meridian

Channel, South of point ofChannel 124'00' 36" None

Stackpole Harbor

016,017,018, Grays Recommended by the

Harbor Permittees, approved

bv Ecology

All place names are taken from USGS Quad maps.

Specific sampling dates, locations (007-018), and corres onding background locations

(001-006) are dependent on the spray schedule and will e identified in the Annual

Operations Plan (S4).

C. Laboratory Accreditation

All monitoring data required by the Department sha I be prepared by a laboratory

registered or accredited under the provisions of, ccreditation of Environmental

Laboratories, Chapter 173-50 WAC. Flow, temperatur , settleable solids, conductivity,

pH, and internal process control parameters are , "empt from this requirement.

Conductivity and pH shall be accredited if the laboratorj must otherwise be registered or

accredited. The Department exempts crops, soils, and hazardous waste data from this

requirement pending accreditation oflaboratories for ana ysis ofthese media.

S3. REPORTING AND RECORDKEEPING REQUIREMENTS

The Permittees shall monitor and report in accordance with the following conditions. The

falsification of information submitted to the Department shall c nstitute a violation of the terms

and conditions ofthis permit.

----
Page 8 of22

Permit No. WA0040975

A. Discharge Monitoring Report

The first monitoring period begins on the effective date of the permit. Monitoring results

shall be submitted in the Annual Report. Monit ring data obtained during each

monitoring period shall be summarized, reported, and submitted on a Discharge

Monitoring Report form provided, or otherwise approv d, by the Department. A separate

form for each application site will be submitted by th Permittees in the Annual Report

for the Willapa Bay/Grays Harbor Oyster Growers Ass ciation.

B. Annual Report

The Annual Report requirements described throughout this permit include: S3.A, S4.D,

S5.E, S7.1. The Annual Report shall be received n later than the I" of December

following the application season. The report(s) sha I be sent to the Department of

Ecology, Southwest Regional Office, P.O. Box 4777 , Olympia, Washington 98504-

7775.

All laboratory reports providing data for organic and

following information: sampling date, sample location,

CAS number, analytical method! number, method d

practical quantitation limit (PQL), reporting units, and c

etal parameters shall include the

ate of analysis, parameter name,

ection limit (MDL), laboratory

ncentration detected.

An annual Discharge Monitoring Report must be subm tted whether or not the pesticide

was applied. If there was no application during a iven year, submit the report as

required with the words "no discharge" entered in place f the monitoring results.

C. Records Retention

The Permittees shall retain records of all monitoring inf nnation for a minimum of three

(3) years. Such information shall include all calibration and maintenance records and all

original recordings for continuous monitoring instru entation, copies of all reports

required by this permit, and records of all data used to omplete the application for this

permit. This period of retention shall be extended duri g the course of any unresolved

litigation regarding the discharge of pollutants by the ennittees or when requested by

the Director.

D. Recording ofResults

For each measurement or sample taken, the Permit ees shall record the following

information: (I) the date, exact place, method, and ti e of sampling or measurement;

(2) the individual who performed the sampling or easurement; (3) the dates the

analyses were performed; (4) the individual who p rfonned the analyses; (5) the

analytical techniques or methods used; and (6) the result of all analyses.

E. Additional Monitoring by the Pennittees

Ifthe Permittees monitor any pollutant more frequently t

test procedures specified by Condition S2. of this

monitoring shall be included in the calculation and repo

Permittees' Annual Report.

an required by this permit using

nnit, then the results of this

ing of the data submitted in the
Page 90f22

Permit No. WA0040975

F. Noncompliance Notification

In the event the Permittees are unable to comply with ny of the terms and conditions of

this permit due to any cause, the Permittees shall:

1. Immediately take action to stop, contain, and cl

otherwise stop the noncompliance, correct the

sampling and analysis of any noncompliance i

to the Department within thirty (30) days after

an up unauthorized discharges or

roblem and, if applicable, repeat

mediately and submit the results

coming aware ofthe violation.

2. Immediately notify the Department ofthe failur to comply.

3. Submit a detailed written report to the Departm nt within thirty (30) days, unless

requested earlier by the Department. The report shall contain a description ofthe

noncompliance, including exact dates and tim s, and if the noncompliance has

not been corrected, the anticipated time it is ex ected to continue; and the steps

taken or planned to reduce, eliminate, an prevent reoccurrence of the

noncompliance.

Compliance with these requirements does not relieve t e Permittees from responsibility

to maintain continuous compliance with the terms and conditions of this permit or the

resulting liability for failure to comply.

S4. ANNUAL OPERATIONS PLAN

The Permittees shall submit an Annual Operations Plan for app ying carbaryl to selected shrimp

infested oyster beds. The annual short-term modification author' ed by this permit is conditioned

on approval of the Annual Operations Plan. No carbaryl pIa ement will take place until the

Annual Operations Plan is approved by the Department.

Unless otherwise authorized by the Department, the area to be s rayed under this permit shall be

limited to 600 acres in Willapa Bay and 200 acres in Grays arbor. Requests for additional

acreage shall be made in the Annual Operations Plan submitted f r approval by the Department.

No oyster bed may be treated with carbaryl if it contains oyste s which are within one year of

harvest.

No application shall take place outside the areas identified in e Annual Operations Plan and

approved. Application of carbaryl shall take place between July and September I.

A. Annual Operations Plan Requirements:

On or before June I" ofthe application year, the Permitt es shall complete and submit to

the Department an Annual Operations Plan to treat oy ter beds. At a minimum, the

Annual Operations Plan shall consist of the following:

I. The treatment schedule showing the days, time , number of acres, oyster bed

designations, and burrow counts for each oyst r bed; no oyster bed may be

treated with carbaryl unless the mean burrow ount exceeds ten burrows per

square meter (ten burrows/m"),
Page 10 of22

Permit No. WA0040975

If the mean burrow count is less than ten burr ws/m', a bed may be treated with

carbaryl provided a report is filed with the D artment at least one week before

the application date with the following informa ion:

3. A substrate condition evaluation,

b. Species of burrowing shrimp present, a d

c. The anticipated use ofthe bed followin treatment.

2. The name and telephone number ofthe person( ) responsible for the management

ofthe spray program.

3. Locations of all posting signs at public and ivately-owned access points (as

identified in C. 2 below).

4. Written permission from the landowners of t e proposed carbaryl application

sites for access by Department employees as de cribed in General Condition G2.

5. A list of proposed sampling sites and a s mpling schedule based on the

anticipated spray locations. The sampling p an must meet the requirements

described in Condition S.2.

6. Identification of measuring device to be use for monitoring wind velocity

during applications.

B. Experimental Use

Experimental Use applications may be included in the A nual Operations Plan. Carbaryl

and other pesticides may be applied in the context of a esearch and development effort

under the jurisdiction of the Washington State Dep ent of Agriculture through

issuance of a Washington State Experimental Use Permit (WSEUP).

C. Notification

I. Public notification, including property owners ithin 200 feet of the treatment

site, will be required at least 24 hours, but not ore than ten days, prior to the

commencement of initial carbaryl application to oyster beds. Notification shall

continue at a frequency of no less than once per onth until carbaryl application

is completed for the season. At a minim m, notification shall include

announcements in Aberdeen World, Harbor Her ld, and Chinook Observer area

newspapers, and by signs at all reasonable points ofpublic access to the proposed

treatment areas. Electronic media public se ice announcements, handbills,

mailings to adjacent landowners, or any combina ion ofthe above may be used in

addition to the newspaper and sign notification. djacent property owners within

200 feet of the treatment site shall be notifie directly either in person, by

telephone, or by mail. All notifications shall incl de the name of the pesticide to

be used, where it is to be applied, any public heal and livestock restrictions, and

the name and phone number of the Willapal rays Harbor Oyster Growers

Association designated contact person.
Page 11 of22

Permit No. WA0040975

2. Notification by signs includes, but is not limit d to, posting beaches and docks.

All public access areas within one-quarter ('/.) ile and all public boat launches

within a one-and-a-half(I Y2) mile radius of any bed scheduled for treatment shall

be posted. Public access areas shall be post d at 500 foot intervals at those

access areas more than 500 feet wide. Signs hall be a minimum of 8Y2 x II

inches in size, and be made of a durable eather-resistant, white material.

Lettering shall be in bold black type wit the word "WARNING" or

"CAUTION" at least one-inch high, and all ot er words at least one-fourth ('/.)

of an inch high. Signs shalI be posted so they a e secure from the normal effects

ofweather and water currents, but cause no dam ge to private or public property.

3. At least 24 hours prior to the first application of arbaryl in Willapa Bay/Grays

Harbor, the applicant shalI notify the Departmen . The contact for this

notification is the Non-Point Water Quality Spec alist for the Western Olympic

Basin (360-407-0245). Notification shalI includ the following information, at a

minimum:

a. A treatment schedule showing the days times, number of acres, oyster

bed designations, and burrow counts for ach oyster bed;

b. The name and telephone number of he person responsible for the

management ofthe program; and

c. Locations of alI posting signs at public a cess points.

4. A Willapa/Grays Harbor Oyster Growers Associ tion representative shalI notify

the Department Non-Point Water Quality Spec alist for the Western Olympic

Basin the exact time and location of the helicopt r landing site for the purpose of

monitoring or chemical handling and mixing, 0 the location of the bed to be

sprayed via backpack or mechanical means. I treatment is on a weekend or

Monday, notification shalI be 5:00 p.m. the Frid y prior to the application date.

If the Department Non-Point Water Quality Spe ialist does not arrive at the site

at the time specified, then chemical handling and mixing are authorized to

proceed without the Department Non-Point W ter Quality Specialist on-site

verification

5. At least 24 hours prior to the first application of carbaryl in Willapa Bay/Grays

Harbor, the applicant shall notify the U.S. Fish and Wildlife Service,

Environmental Contaminant Division at (360) 7 3-9440, the WilIapa National

Wildlife Refuge at (360) 484-3482 or the Grays arbor National Wildlife Refuge

at (360) 753-9467, and the research scientist in harge at the Washington State

Department ofFish & Wildlife at (360) 665-4166 Notification shalI include the

treatment schedule showing the days, times, umber of acres, oyster bed

designations, and burrow counts for each oyster b d; and the name and telephone

number ofthe person responsible for the manage ent of the program.

6. At least 24 hours prior to the application of c baryl in Willapa Bay/Grays

Harbor, the applicant or the applicant's repres tative shalI notify interested

parties of the scheduled treatment. This can be do e by telephone, e-mail, or fax.

The applicant shalI obtain the list ofnames (intere ted parties) to be notified from
Page 12 of22

Permit No. WA0040975

the Department Non-Point Water Quality Sp cialist for the Westem Olympic

Basin.

D. Reporting Requirements

On or before December I of the treatment year of carb ryl application, a summary of the

results of the treatment will be submitted in the Ann al Report. All items shown in

Section S4.A, CI, 2, 3, and 6, shall be included in the r port, together with any pertinent

observations. The report shall include a copy of the n wspaper notices, locations of all

signs, hand bills, mailings to landowners, or e-mail n tice to interested parties, Global

Positioning System (GPS) coordinates or similar level ccuracy mapping for all parcels

sprayed either aerially or by hand. A copy of this re ort shall also be provided to the

Washington State Department ofFish & Wildlife at the ilIapa Bay Office.

S5. COMPLIANCE SCHEDULE

This permit requires that AKART for the control of burrowing imp in Willapa Bay and Grays

Harbor be re-evaluated and updated through submittal of the foil wing reports:

A. Engineering Report

On or before January I, 2003, the Permittees shall submi a proposal to the Department to

research mechanical methods to control burrowing shri p infestations as a substitute for

pesticide application. Uncontrolled trials of such me ods will not be acceptable for

inclusion in this research. On or before January I, 200 ,the Permittees shall submit the

results of this research to the Department for approval. This report shall comply with

WAC 173-240.

B. Biological Report

C.

On or before January I, 2003, the Permittees shall submi

research biological methods to control burrowing shrim

pesticide application. On or before January I, 2005,

results of this research to the Department for approval.

preparing the report shall be submitted with the proposal

Integrated Pest Management (lPM) Plan

a proposal to the Department to

populations as a substitute for

e Permittees shall submit the

he qualifications of the person

or the Department's approval.

On or before March 19, 2003, the Permittees shall submi to the Department an IPM plan

to control burrowing shrimp populations.

D. Water Column Fate and Transport Study

On or before January 1,2003, the Permittees shall submit a proposal for a Water Column

Fate and Transport Study.

On or before January I, 2005, the Permittees shall s bmit a report to include the

following.

I. Through field sampling, as approved in the pr posaI, determine and describe

carbaryl and I-naphthol dispersion and degradat on patterns within the surface

waters of Willapa Bay, following its annual se on oyster beds to control
Page 13 of22

Permit No. WA0040975

burrowing shrimp. The resolution of this analy is should be less than or equal to

0.01 ug/L for carbaryl and less than or equal to .1 ug/L for I-naphthol.

2. The analysis should address situations where ost of the carbaryl is applied to a

restricted area over a several day period, e.g., the year 2000 treatments in the

Stony Point/Bay Center area. The geographi area of interest includes all of

Willapa Bay east of a line drawn between Leadbetter Point and the west

reservation boundary of the Shoalwater Bay ribe, to The Narrows at South

Bend.

3. The qualifications of the persons preparing thi report shall be submitted with

this proposal for approval.

E. Sediment Impact Zone Study

The Permittees shall apply for a sediment impact zone authorization as per WAC 173-

204-415.

On or before January I, 2003, the Permittees shall su mit for approval a proposal to

conduct a study designed to:

I . Define the location and spatial extent of the sed ment impact zone (SIZ) needed

for two representative sites in Willapa Bay and one representative site in Grays

Harbor [e.g., Section 415(4)(a)(ii)(C)].

2. Characterize at each SIZ the magnitude and pe istence of appropriate measures

of adverse biological effects (e.g., for maintenan e and closure under WAC 173-

204-415 and WAC 173-204-420).

The sediment study shall contain the following element (or equivalent as approved by

the Department):

3. The proposed study identifies a total of three carbaryl application sites plus

unexposed reference stations and a reasonabl number of surface sediment

samples to be collected on a periodic basis at a f equency to be determined from

each application and reference site. All parties m st agree that these samples are

adequate for determining the magnitude, spatial e tent and persistence of adverse

biological effects. For example, three samples c Id be collected from each site

and tested on a temporal basis to assess: a) conic effects such as abnormal

development or reduced growth rate, tissue bioaccumulation in benthic

organisms, and/or alterations in the benthic comm nity.

4. The Sampling and Analysis plan for this study sh II be submitted to Ecology for

approval and follow the requirements of the 'Sampling and Analysis Plan

Appendix (SAPA), Guidance on the Developm t of Sampling Sediment and

Analysis Plans Meeting the Requirements 0 the Sediment Management

Standards - Chapter 173-204 WAC." The annual results of this study plan shall

be included in the Annual Report due December I.

As a part of the application for permit renewal, the Permittees shall submit a final

report summarizing the results ofthe study by Jan ary 1,2005.
Page 14 of22

Permit No. WA0040975

S6. SPILL PLAN

Prior to June 30, 2002, the Permittees shall submit to the Depa ment the application spill control

plan for the prevention, containment, and control ofspills or u lanned discharges of: I) oil and

petroleum products, 2) materials, which when spilled, or othe ise released into the environment,

are designated Dangerous (DW) or Extremely Hazardous Wa te (EHW) by the procedures set

forth in WAC 173-303-070, or 3) other materials which may be orne pollutants or cause pollution

upon reaching state's waters such as carbaryl. The Permittees hall review and update the Spill

Plan, as needed, at least annually. Changes to the plan shall be ent to the Department. The plan

and any supplements shall be followed throughout the term oft permit.

If an updated spill control plan is needed, it shall include the foIl wing:

• A description ofthe reporting system which will be used to lert responsible managers and

legal authorities in the event of a spill.

• A description of preventive measures and facilities (includin an overall facility plot showing

drainage patterns) which prevent, contain, or treat spills oft ese materials.

• A list of all oil and chemicals used, processed, or stored at th facility which may be spilled

into state vvaters.

For the purpose of meeting this requirement, plans and manuals, r portions thereof, required by

33 CFR 154,40 CFR 109,40 CFR 110,40 CFR Part 112, the Fe eral Oil Pollution Act of 1990,

Chapter 173-181, and contingency plans required by Chapter 17 -303 WAC may be submitted.

S7. BEST MANAGEMENT PRACTICES

The Permittees shall follow the best management practices defined below on all days of

application.

A. The applicator shall comply with all pesticide label i tructions. When application

conditions in this permit issued by the Department diffe from those on pesticide labels,

the more stringent of the two requirements must be complied with. However, no

condition in this permit or any amended Order shall educe the requirements on the

pesticide label. All applicable federal, state and loca laws and ordinances shall be

followed.

B. The comers of each oyster bed scheduled for treatmen shall be marked so the bed is

visible from an altitude of at least 500 feet.

C. A Willapa Bay/Grays Harbor Oyster Growers Associatio representative shall be present

at the treatment site at the time oftreatment.

D. Only one application of carbaryl per treated oyster bed is llowed.

E. Carbaryl application rate shall not exceed eight pounds ac ive ingredient per acre.

F. Carbaryl shall be applied to only those beds which are covered by the outgoing tide,

and no later than 30 minutes after low tide.

G. No carbaryl shall be applied within the following dist nces of sloughs, channels, or

oysters which are within one year of harvest:
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Permit No. WA0040975

1. Application by helicopter - 200 feet

2. Application by hand sprayer - 50 feet

H. No aerial application of carbaryl shall occur if the w nd velocity at the treatment site

exceeds ten miles per hour.

I. During all pesticide applications, the oyster bed owne or representative, the applicator,

or persons applying pesticides shall possess, on-site, a c py ofthe permit.

I. The applicator shall keep complete applicatio records on the approved spray

report form provided in Appendix "F" of the Fact Sheet This form will also

fulfill the Department ofAgriculture's reporting requirements.

2. These application records shall be completed an

same day the pesticide was applied and be

Department immediately upon request.

available to the Department the

ailed or hand delivered to the

3. A copy of each application record shall be provi ed to the Department Non-Point

Water Quality Specialist for the Western Olymp c Basin with the Annual Report.
Page 16 of22

Permit No. WA0040975

GENERAL CONDITIONS

Gl. SIGNATORY REQUIREMENTS

All applications, reports, or information submitted to the Departme t shall be signed and certified.

A. All permit applications shall be signed by either a responsibl corporate officer of at least the

level of vice president of a corporation, president of an as .ociation, a general partner of a

partnership, or the proprietor of a sole proprietorship.

B. All reports required by this permit and other information requ sted by the Department shall be

signed by a person described above or by a duly authorized epresentative of that person. A

person is a duly authorized representative only if:

I. The authorization is made in writing by a person deseri ed above and submitted to the

Department.

2. The authorization specifies either an individual or a position having responsibility for the

overall operation of the regulated facility, such as t e position of plant manager,

superintendent, position of equivalent responsibility, or n individual or position having

overall responsibility for environmental matters. (A dul authorized representative may

thus be either a named individual or any individual occupy ng a named position.)

C. Changes to authorization. If an authorization under paragraph B.2 above is no longer accurate

because a different individual or position has responsibility or the overall operation of the

facility, a new authorization satisfying the requirements of paragraph B.2 above must be

submitted to the Department prior to or together with any rep rts, information, or applications

to be signed by an authorized representative.

D. Certification. Any person signing a document under this se tion shall make the following

certification:

ent, upon the presentation of

I certify under penalty of law, that this document and all attachments

were prepared under my direction or supervision in ac rdance with a

system designed to assure that qualified personnel proper y gathered and

evaluated the information submitted. Based on my inqui of the person

or persons who manage the system, or those persons dire tly responsible

for gathering information, the information submitted is, t the best of my

knowledge and belief, true, accurate, and complete. I am aware that

there are significant penalties for submitting false inform tion, including

the possibility offine and imprisonment for knowing viol ions.

The Permittees shall allow an authorized representative of the Dep

credentials and such other documents as may be required by law:

G2. RIGHT OF INSPECTION AND ENTRY

A. To enter upon the premises where a discharge is located or were any records must be kept

under the terms and conditions ofthis permit.
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Permit No. WA0040975

B. To have access to and copy - at reasonable times and at reaso able cost - any records required to

be kept under the terms and conditions of this permit.

C. To inspect - at reasonable times - any facilities, equipment including monitoring and_control

equipment), practices, methods, or operations regulated or req ired under this permit.

D. To sample or monitor - at reasonable times - any substances or parameters at any location for

purposes of assuring permit compliance or as otherwise autho ized by the Clean Water Act.

G3. PERMIT ACTIONS

This permit may be modified, revoked and reissued, or termin ted either at the request of any

interested person (including the Permittees) or upon the Depart ent's initiative. However, the

permit may only be modified, revoked and reissued, or terminate for the reasons specified in 40

CFR 122.62, 122.64 or WAC 173-220-150 according to the proced es of40 CFR 124.5.

A. The following are causes for terminating this permit during ts term, or for denying a permit

renewal application:

I. Violation of any permit term or condition.

2. Obtaining a permit by misrepresentation or failure to disclo e all relevant facts.

3. A material change in quantity or type of waste disposal.

4. A determination that the permitted activity endangers hu an health or the environment or

contributes to water quality standards violations and can only be regulated to acceptable

levels by permit modification or termination [40 CFR part I 2.64(3)].

5. A change in any condition that requires either a tempo ary or permanent reduction or

elimination of any discharge or sludge use or disposal prac ice controlled by the permit [40

CFR part 122.64(4)].

6. Nonpayment offees assessed pursuant to RCW 90.48.465.

7. Failure or refusal ofthe Permittees to allow entry as require in RCW 90.48.090.

B. The following are causes for modification but not revocation nd reissuance except when the

Permittees request or agree:

I. A material change in the condition ofthe waters of the state.

2. New information not available at the time of permit issuan e that would have justified the

application of different permit conditions.

3. Material and substantial alterations or additions to the perm tted facility or activities which

occurred after this permit issuance.

4. Promulgation of new or amended standards or regulations having a direct bearing upon

permit conditions, or requiring permit revision.
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Permit No. WA0040975

5. The Permittees have requested a modification based on 0 her rationale meeting the criteria

of 40 CFR part 122.62.

6. The Department has determined that good cause exists or modification of a compliance

schedule, and the modification will not violate statutory de dlines.

7. Incorporation of an approved local pretreatment program i to a municipality's permit.

C. The following are causes for modification or alternatively evocation and reissuance:

I. Cause exists for termination for reasons listed in Al thr gh A7, of this section, and the

Department determines that modification or revocation and eissuance is appropriate.

2. The Department has received notification of a proposed ansfer of the permit. A permit

may also be modified to reflect a transfer after the effect ve date of an automatic transfer

(General Condition G8) but will not be revoked and reiss ed after the effective date of the

transfer except upon the request ofthe new permittee(s).

G4. REPORTING A CAUSE FOR MODIFICATION

The Permittees shall submit a new application, or a supplement t the previous application, along

with required engineering plans and reports whenever a material change to the facility or in the

quantity or type of discharge is anticipated which is not specificall authorized by this permit. This

application shall be submitted at least sixty (60) days prior to any p oposed changes. The filing of a

request by the Permittees for a permit modification, revocation and reissuance, or termination, or a

notification of planned changes or anticipated noncompliance does ot relieve the Permittees of the

duty to comply with the existing permit until it is modified or reissue

GS. PLAN REVIEW REQUIRED

Prior to constructing or modifying any wastewater control facili ies, an engineering report and

detailed plans and specifications shall be submitted to the Depart ent for approval in accordance

with Chapter 173-240 WAC. Engineering reports, plans, and spe ifications shall be submitted at

least one hundred eighty (180) days prior to the planned start of con truction unless a shorter time is

approved by the Department. Facilities shall be constructed and erated in accordance with the

approved plans.

G6. COMPLIANCE WITH OTHER LA WS AND STATUTES

Nothing in this permit shall be construed as excusing the Permitt es from compliance with any

applicable federal, state, or local statutes, ordinances, or regulations.

G7. DUTY TO REAPPLY

The Permittees shall apply for permit renewal at least 180 days prior 0 the specified expiration date

ofthis permit.

G8. TRANSFER OF THIS PERMIT

In the event of any change in control or ownership offacilities from hich the authorized discharge

emanate, the Permittees shall notify the succeeding owner or con oller of the existence of this

permit by letter, a copy of which shall be forwarded to the Departrnen .
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Permit No. WA0040975

A. Transfers by Modification

Except as provided in paragraph B below, this permit may be transferred by the Permittees to a

new owner or operator only if this permit has been modified or revoked and reissued under 40

CFR I 22.62(b)(2), or a minor modification made under 40 C R 122.63(d), to identify the new

Permittees and incorporate such other requirements as may b necessary under the Clean Water

Act.

B. Automatic Transfers

This permit may be automatically transferred to a new Pennitt e(s) if:

I. The Permittees notifies the Department at least 30 d ys in advance of the proposed

transfer date.

2. The notice includes a written agreement between th existing and new Permittee's

containing a specific date transfer of permit respo sibility, coverage, and liability

between them.

3. The Department does not notify the existing Pe ittees and the proposed new

Pennittee(s) of its intent to modify or revoke and reis ue this permit. A modification

under the subparagraph may also be minor modificatio under 40 CFR 122.63. If this

notice is not received, the transfer is effective on t e date specified in the written

agreement.

G9. REDUCED PRODUCTION FOR COMPLIANCE

The Permittees, in order to maintain compliance with its permit, s all control production and/or all

discharges upon reduction, loss, failure, or bypass of the treatm nt facility until the facility is

restored or an alternative method of treatment is provided. This re uirement applies in the situation

where, among other things, the primary source of power of the trea ment facility is reduced, lost, or

fails.

GIO. REMOVED SUBSTANCES

Collected screenings, grit, solids, sludges, filter backwash, or other ollutants removed in the course

of treatment or control of wastewaters shall not be resuspended or introduced to the final effluent

stream for discharge to state waters.

GIL DUTY TO PROVIDE INFORMATION

The Permittees shall submit to the Department, within a reasonable time, all information which the

Department may request to determine whether cause exists for modi ing, revoking and reissuing, or

terminating this permit or to determine compliance with this pe it. The Permittees shall also

submit to the Department upon request, copies ofrecords required to be kept by this permit [40 CFR

122.4I(h)).

GU. OTHER REQUIREMENTS OF 40 CFR

All other requirements of40 CFR 122.41 and 122.42 are incorporate in this permit by reference.
Page 20 of 22

Permit No. WA0040975

GI3. ADDITIONAL MONITORING

The Department may establish specific monitoring requirements in ddition to those contained in this

permit by administrative order or permit modification.

GI4. PAYMENT OF FEES

The Permittees shall submit payment of fees associated with this permit as assessed by the

Department.

GIS. PENALTIES FOR VIOLATING PERMIT CONDITIONS

Any person who is found guilty of willfully violating the terms and onditions ofthis permit shall be

deemed guilty of a crime, and upon conviction thereof shall be unished by a fine of up to ten

thousand dollars ($10,000) and costs of prosecution, or by impri onment in the discretion of the

court. Each day upon which a willful violation occurs may be d emed a separate and additional

violation.

Any person who violates the terms and conditions of a waste discha e permit shall incur, in addition

to any other penalty as provided by law, a civil penalty in the arno nt of up to ten thousand dollars

($10,000) for every such violation. Each and every such violation shall be a separate and distinct

offense, and in case of a continuing violation, every day's contin ance shall be deemed to be a

separate and distinct violation.

GI6. UPSET

Definition - "Upset" means an exceptional incident in which there is unintentional and temporary

noncompliance with technology-based permit effluent limitations ecause of factors beyond the

reasonable control ofthe Permittees. An upset does not include non ompliance to the extent caused

by operational error, improperly designed treatment facilities, inadeq ate treatment facilities, lack of

preventive maintenance, or careless or improper operation.

An upset constitutes an affirmative defense to an action brought for noncompliance with such

technology-based permit effluent limitations ifthe requirements ofth following paragraph are met.

A Permittees who wishes to establish the affirmative defense of u set shall demonstrate, through

properly signed, contemporaneous operating logs or other relev evidence that: I) an upset

occurred and that the Permittees can identify the cause(s) of the ups t; 2) the permitted facility was

being properly operated at the time of the upset; 3) the Permittees s bmitted notice of the upset as

required in condition S3.E; and 4) the Permittees complied with a y remedial measures required

under 85 ofthis permit.

In any enforcement proceeding the Permittees seeking to establish the occurrence of an upset has the

burden ofproof.

GI7. PROPERTY RIGHTS

This permit does not convey any property rights ofany sort, or any ex lusive privilege.
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Permit No. WA0040975

GIS. DUTY TO COMPLY

The Permittees shall comply with all conditions of this permit. Any permit noncompliance

constitutes a violation of the Clean Water Act and is grounds f r enforcement action; for permit

termination, revocation and reissuance, or modification; or denial 0 a pennit renewal application.

G19. TOXIC POLLUTANTS

The Permittees shall comply with effluent standards or prohibitions established under Section 307(a)

of the Clean Water Act for toxic pollutants within the time provide in the regulations that establish

those standards or prohibitions, even if this permit has not yet een modified to incorporate the

requirement.

G20. PENALTIES FOR TAMPERING

The Clean Water Act provides that any person who falsifies, tam ers with, or knowingly renders

inaccurate any monitoring device or method required to be maintai ed under this permit shall, upon

conviction, be punished by a fine of not more than $10,000 per viol tion, or by imprisonment for not

more than two years per violation, or by both. If a convictio of a person is for a violation

committed after a first conviction of such person under this Conditi n, punishment shall be a fine of

not more than $20,000 per day of violation, or by imprisonment of not more than four (4) years, or

by both.

G21. REPORTING PLANNED CHANGES

The Permittees shall, as soon as possible, give notice to the epartment of planned physical

alterations or additions to the permitted facility, production increase, or process modification which

will result in: I) the permitted facility being determined to be a ew source pursuant to 40 CFR

122.29(b); 2) a significant change in the nature or an increase in qua tity ofpollutants discharged; or

3) a significant change in the Permittees' sludge use or disposal pr ctices. Following such notice,

this permit may be modified, or revoked and reissued pursuant to 4 CFR 122.62(a) to specify and

limit any pollutants not previously limited. Until such modific tion is effective, any new or

increased discharge in excess ofpermit limits or not specifically aut rized by this permit constitutes

a violation.

G22. REPORTING ANTICIPATED NON-COMPLIANCE

The Permittees shall give advance notice to the Department by sub ission of a new application or

supplement thereto at least one hundred and eighty (180) days p ior to commencement of such

discharges, of any facility expansions, production increases, or a er planned changes, such as

process modifications, in the permitted facility or activity which rna result in noncompliance with

permit limits or conditions. Any maintenance of facilities, which might necessitate unavoidable

interruption of operation and degradation of effluent quality, shall b scheduled during non-critical

water quality periods and carried out in a manner approved by the D artment.

G23. REPORTING OTHER INFORMATION

Where the Permittees becomes aware that it failed to submit y relevant facts in a permit

application, or submitted incorrect information in a permit appli ation or III any report to the

Department, it shall promptly submit such facts or information.
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Permit No. WA0040975

G24. REPORTING REQUIREMENTS APPLICABLE TO EX STING MANUFACTURING,

COMMERCIAL, MINING, AND SILVICULTURAL DISCH RGERS

The Permittees belonging to the categories of existing manufa turing, commercial, mmmg, or

silviculture must notify the Department as soon as they know or ha e reason to believe:

A. That any activity has occurred or will occur which would resu t in the discharge, on a routine or

frequent basis, of any toxic pollutant which is not limited in is permit, if that discharge will

exceed the highest of the following "notification levels:"

1. One hundred micrograms per liter (100 J.Ig1l).

2. Two hundred micrograms per liter (200 J.Ig/I) for acrolei and acrylonitrile; five hundred

micrograms per liter (500 J.Ig/I) for 2,4-dinitrophenol an for 2-methyl-4,6-dinitrophenol;

and one milligram per liter (I mg/l) for antimony.

3. Five (5) times the maximum concentration value reporte for that pollutant in the permit

application in accordance with 40 CFR 122.2I(g)(7).

4. The level established by the Director in accordance with 4 CFR 122.44(1).

B. That any activity has occurred or will occur which would re ult in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is n t limited in this permit, if that

discharge will exceed the highest ofthe following "notification evels:"

1. Five hundred micrograms per liter (500J.lg/L).

2. One milligram per liter (I mglL) for antimony.

3. Ten (10 ) times the maximum concentration value reporte for that pollutant in the permit

application in accordance with 40 CFR 122.2I(g)(7).

4. The level established by the Director in accordance with 40 CFR 122.44(1).

G25. COMPLIANCE SCHEDULES

Reports of compliance or noncompliance with, or any progress reports on, interim and final

requirements contained in any compliance schedule of this permit hall be submitted no later than

fourteen (14) days following each schedule date.