Page I of22 PermitNo. WA0040975
Issuance Date: "M"'a'.ly'-I'-'7c,.,..=2"'0"'02=-

_ Effective Date: "'Ju"'n"e'-'I

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_ Expiration Da e: January I, 2006

NATIONAL POLLUTANT DISCHARGE ELIMINI TION SYSTEM WASTE DISCHARGE PERMIT No. WAO 40975
State ofWashington DEPARTMENT OF ECOLOGY Olympia, Washington 98504-7600
In compliance with the provisions 

### a The State ofWashington WaterPollution Co trol Law Chapter90.48 Revised Code ofWashin ton and The Federal WaterPollution 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 ofWillapaBay and Grays Harbor
Water Body 1.0. No.: Willapa Bay 11-24-01 Grays Harbor 10-22-03 Industry Type: OysterFanning Receiving Water: WillapaBay and Grays Harbor
Discharge Locaticn: Area Boundedby : Latitude: 460 24' to 47 0 00' N Longitude: 123 051' W to 124002' W

is authorizedto discharge in accordance with the specialand gen ral conditions which follow,

original signedby: Kelly Susewi d, P.E, SouthwestRe ion Manager WaterQuality Program Washington State Department ofEcologyPage 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 WastewaterDischarges MONITORING REQUIREMENTS : 5 Monitoring Schedule Sampling PointLocations 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 IntegratedPest Management (IPM) Plan Water Column Fate and Transport Study SedimentImpactZone Study SPILL PLAN 14 BESTMANAGEMENT PRACTICES 14 GENERAL CONDITIONS 16 GI. SIGNATORY REQUiREMENTS 16 G2. RIGHT OF INSPECTION AND ENTRY 16 G3. PERMIT ACTIONS 17 G4. REPORTING A CAUSE FORMODIFICATION 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 22Page 4 of22 Permit No. WA0040975 SUMMARY OF PERMIT REPORT SUBM TTALS
Refer to the Special and General Conditions ofthis 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. EngineeringReport 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 PestManagementPlan 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 ImpactZone Study Proposal l/pennit cycl January I, 2003 S5.E. Sediment ImpactZone Study Submittal l/pennitcycl January I, 2005 S7. Spill Plan I/pennit cycl June 30, 2002 Gl. Notice ofChange in Authorization As necessary G4. PermitApplication for Substantive Changes As necessary to the Discharge G5. Engineering Report for Construction or As necessary Modification Activities G7. Application for PermitRenewal l/pennit cycle June I, 2005 G8. Notice ofPennit Transfer As necessary GZI. Notice ofPlanned Changes As necessary G22. Reporting AnticipatedNon-compliance As necessaryPage 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 ofthis 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 ShoalwaterIndian Reservation. Beginning on the effective date ofthis 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 ofapplication and the chronic ef uent limit for 30 days from the time ofapplication. 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 ofburrowing shrimp inWillapaBay 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 intendedto determine resi ual concentrations ofcarbaryl in the area of application. Specific sampling locations and corresponding background locations identified below are each associated with a general area oftrea 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 approvedWater Column Fate and Transport Study proposal as required in S5.D.

_. -----------Page 6 of 22 PermitNo. WA0040975

A. Monitoring Schedule Category Parameter Units Sample Point Minimum Sample Type Sampling Freauencv Spray Site Carbaryl**~g/l** Application FirstFalling Grab Acute Compliance Areas Tide, at least 24 Hours after Aoolication Spray Site I-Napthol**~g/l** Application FirstFalling Grab Area Tide, at least 24 Hours after Application Chronic Carbaryl ug/l See S2.B. below FirstFalling Grab Compliance Tide, 30 Days after Annlication 30 Day I-Napthol**~g/l** See S2.B. below FirstFalling Grab 

### Concentration Tide, 30 Days after Application Sampling is required for aerial spraying only. Non-aeri Ispraying 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 ofthe Permittees t assure that all spraying be done in a mannerthat will not compromise the validity ofsarrpiing events.
B. Sampling PointLocations 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 NaselleRiver Hiahwav IOI Bridge 

### NfA fl/A NfA 006 BearRiver Hizhwav IOI Bridge 

### N/A filA N/A Compliance Samnlina Points 007 Tokeland Point Deepestpoint of Parallel 

### fA 001 Channel 46° 42' 30"Page 70f22 PermitNo. 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 

## o

II Center ofBay Channel Parallel N/A 004,005,006 Deepestpoint 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 SouthEnd, 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 ifthe laboratorj must otherwise be registered or accredited. The Department exempts crops, soils, and hazardous waste data from this requirementpending 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 ofinformation submitted to the Department shall c nstitute a violation ofthe terms and conditions ofthis permit.

----Page 8 of22 Permit No. WA0040975 A. Discharge Monitoring Report The first monitoring period begins on the effective date ofthe 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 OysterGrowers 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 ofanalysis, parametername, 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 ofall monitoring inf nnation for a minimum ofthree (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 ofall data used to omplete the application for this permit. This period ofretention shall be extended duri g the course ofany unresolved litigation regarding the discharge ofpollutants 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 ofsampling 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 ofall analyses. E. Additional Monitoring by the Pennittees Ifthe Permittees monitorany pollutantmore 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 ofthe 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 ofany noncompliance i to the Department within thirty (30) days after an up unauthorized discharges or roblem and, ifapplicable, 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 adescription ofthe noncompliance, including exact dates and tim s, and ifthe 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 ofthe 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 theDepartment. No oyster bed may be treated with carbaryl ifit 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 ofcarbaryl 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 10of22 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 ofburrowing shrimppresent, 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 ofall 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 Departmentemployees as de cribedin 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 ofa esearch and development effort under the jurisdiction of the Washington State Dep ent of Agriculture through issuance ofaWashington State Experimental Use Permit (WSEUP). C. Notification I. Public notification, including property owners ithin 200 feet ofthe treatment site, will be required at least 24 hours, but not ore than ten days, prior to the commencement ofinitial carbaryl application to oyster beds. Notification shall continue at a frequency ofno 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 abovemay be used in addition to the newspaperand 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 ofthe pesticide to be used, where it is to be applied, any publicheal and livestockrestrictions, and the name and phone number of the Willapal rays Harbor Oyster Growers Associationdesignated 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 aone-and-a-half(IY2) 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 ('/.) ofan 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 ofacres, 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 ofalI 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 ofthe helicopt r landing site for the purpose of monitoring or chemical handling and mixing, 0 

### the location ofthe 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. Ifthe 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 ofcarbaryl 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 oftheperson 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 listofnames (intere ted parties) to be notified from

### Page 12of22 Permit No. WA0040975 the Department Non-Point Water Quality Sp cialist for the Westem Olympic Basin. D. Reporting Requirements On or before December I ofthe 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 ofthe n wspaper notices, locations ofall 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 ofburrowing 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 aproposal 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 ,thePermittees shall submit the results ofthis 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 ofthis research to the Department for approval. preparing the report shall be submitted with the proposal Integrated Pest Management (lPM) Plan aproposal to the Department to populations as a substitute for e Permittees shall submit the he qualifications ofthe 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 submitaproposal 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 13of22 Permit No. WA0040975 burrowing shrimp. The resolution ofthis 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 ofthe 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 ofthe 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 dueDecember 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 PermitNo. WA0040975
S6. SPILL PLAN Priorto 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 petroleumproducts, 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) othermaterials 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. 

### Ifan 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 ofa spill. • A description ofpreventive measures and facilities (includin an overall facility plot showing drainage patterns) which prevent, contain, or treat spills oft ese materials. • A list ofall oil and chemicals used, processed, or stored at th facility which may be spilled 

### into statevvaters. For the purpose ofmeeting this requirement, plans and manuals, rportions thereof, required by 33 CFR 154,40 CFR 109,40 CFR 110,40 CFR Part 112, the Fe eral Oil PollutionAct of 1990, Chapter 173-181, and contingencyplans 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 ofeach oyster bed scheduled for treatmen shall be marked so the bed is visible from an altitude ofat 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 ofcarbarylpertreated oysterbed is llowed.
E. Carbaryl application rate shall not exceed eightpounds ac ive ingredientperacre. 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 yearofharvest:Page 15 of22 PermitNo. WA0040975

1. Application by helicopter - 200 feet
2. Application by hand sprayer - 50 feet
H. No aerial application of carbaryl shall occur ifthe w nd velocity at the treatment site exceeds ten miles perhour. 

### 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 Departmentthe ailed or hand delivered to the

3. A copy ofeach application record shall be provi ed to the DepartmentNon-Point WaterQuality Specialist for the Western Olymp c Basin with the Annual Report.Page 16of22 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 ofat least the level of vice president of a corporation, president of an as .ociation, a general partner of a partnership, or the proprietorofa 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 ofthat person. A person is a duly authorizedrepresentative 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 ofequivalent responsibility, or n individual or position having overall responsibility for environmental matters. (A dul authorized representative may thus be eithera named individual or any individual occupy ng a named position.) C. Changes to authorization. Ifan authorization under paragraph B.2 above is no longer accurate because a different individual or position has responsibility or the overall operation ofthe 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 propery gathered and evaluated the information submitted. Based on my inqui ofthe person or persons who manage the system, or those persons dire tly responsible for gathering information, the information submitted is, t the best ofmy 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 forknowing viol ions.

The Permittees shall allow an authorized representative ofthe Dep credentials and such otherdocuments 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.Page 17 of22 PermitNo. 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 ofthis 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 ofassuring 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 orWAC 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 ofany permitterm or condition.
2. Obtaining apermitby misrepresentation or failure to disclo e all relevant facts.
3. A material change in quantity or type ofwaste 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 permitmodification or termination [40 CFRpart I 2.64(3)].
5. A change in any condition that requires either a tempo ary or permanent reduction or elimination ofany discharge or sludge use or disposal prac ice controlled by the permit [40 CFRpart 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 ofthe state. 2. New information not available at the time ofpermit issuan e that would havejustified the application ofdifferentpermitconditions.
3. Material and substantial alterations or additions to the perm tted facility or activities which occurred after this permitissuance.
4. Promulgation ofnew or amended standards or regulations having a direct bearing upon permit conditions, or requiring permit revision.Page 18 of22 Permit No. WA0040975
5. The Permittees have requested a modification based on 0 her rationale meeting the criteria of40 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 ofan approved local pretreatmentprogram 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, ofthis section, and the Department determines that modification orrevocation and eissuance is appropriate. 2. The Department has received notification of a proposed ansfer ofthe permit. A permit may also be modified to reflect a transfer after the effect ve date ofan automatic transfer (General Condition G8) but will not be revoked and reiss ed after the effective date ofthe transferexcept 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 ofdischarge 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 ofa request by the Permittees for a permit modification, revocation and reissuance, or termination, or a notification ofplanned changes or anticipated noncompliance does ot relieve the Permittees ofthe duty to comply with the existing permituntil 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 ofcon 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, orregulations. 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 OFTHIS PERMIT In the event ofany 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 permitby letter, a copy ofwhich shall be forwarded to the Departrnen

.Page 19 of22 PermitNo. 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 ifthis 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 otherrequirements as may b necessary under the Clean Water Act. B. Automatic Transfers This permitmaybe 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) ofits 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. Ifthis 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 oftreatment is provided. This re uirement applies in the situation where, among other things, the primary source ofpower ofthe 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 oftreatment or control ofwastewaters 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 Departmentupon request, copies ofrecords required to be kept by this permit [40 CFR 122.4I(h)). 

### GU. OTHER REQUIREMENTS OF 40 CFR All otherrequirements of40 CFR 122.41 and 122.42 are incorporate in this permitby reference.

### Page 20 of22 Permit No. WA0040975 

### GI3. ADDITIONAL MONITORING The Department may establish specific monitoringrequirements 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 ofwillfully violating the terms and onditions ofthis permit shall be deemed guilty ofa crime, and upon conviction thereof shall be unished by a fine of up to ten thousand dollars ($10,000) and costs ofprosecution, 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 ofa waste discha epermit shall incur, in addition to any other penalty as provided by law, a civil penalty in the arno nt ofup 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-basedpermit effluent limitations ifthe requirements ofth following paragraph are met. A Permittees who wishes to establish the affirmative defense ofu 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) ofthe ups t; 2) the permitted facility was being properly operated at the time ofthe upset; 3) the Permittees s bmitted notice ofthe upset as required in condition S3.E; and 4) the Permittees complied with a y remedial measures required under 85 ofthis permit. In any enforcementproceeding the Permittees seeking to establish the occurrence ofan upset has the burden ofproof. 

### GI7. PROPERTYRIGHTS This permit does not convey any property rights ofany sort, or any ex lusive privilege.

### Page 21 of22 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, ormodification; or denial0 

### apenn

### itrenewal 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 ifthis permit has not yet een modified to 

### incorporate the requirement. G20. PENALTIES FORTAMPERING 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 ofviolation, 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 ofa 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 offacilities, which might necessitate unavoidable interruption of operation and degradation ofeffluent quality, shall b scheduled during non-critical water quality periods and carried out in a manner approved by the D artment. G23. REPORTING OTHERINFORMATION 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.

### Page 22 of22 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, ofany toxic pollutant which is not limited in is permit, ifthat discharge will exceed the highest of the following "notification levels:" 1. One hundred micrograms per liter (100J.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 ofthis permit hall be submitted no later than fourteen (14) days following each schedule date.