TABLE OF CONTENTS 

TABLE OF CONTENTS ............................................................................................................. 2

SUMMARY OF PERMIT REPORT SUBMITTALS............................................................... 3

SPECIAL CONDITIONS ............................................................................................................ 4

S1. ACTIVITIES COVERED ...................................................................................................... 4 

S2. GEOGRAPHIC AREA COVERED ......................................................................................... 4 

S3. OBTAINING COVERAGE.................................................................................................... 4 

S4. POINT OF COMPLIANCE.................................................................................................... 5 

S5. DISCHARGE LIMITATIONS ................................................................................................ 5 

S6. MONITORING REQUIREMENTS.......................................................................................... 8 

S7. INTEGRATED VEGETATION MANAGEMENT PLAN........................................................... 11 

S8. OPERATION AND MAINTENANCE.................................................................................... 11 

S9. SPILL PLAN FOR PESTICIDE STORAGE AND APPLICATION SITES..................................... 11 

S10. PUBLIC NOTICE PROCEDURES ........................................................................................ 12 

S11. REPORTING AND RECORDKEEPING REQUIREMENTS ....................................................... 13 

S12. COMPLIANCE WITH STANDARDS .................................................................................... 15 

S13. PERMIT FEES.................................................................................................................. 15 

S14. SOLID AND LIQUID WASTE MANAGEMENT .................................................................... 16 

GENERAL CONDITIONS........................................................................................................ 16

Page 2 of 22 
 

 

SUMMARY OF PERMIT REPORT SUBMITTALS 

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

Permit 

Section Submittal Frequency Submittal Date 

S4.C Point of Compliance (if 

applicable) 

1/permit cycle April 1, 2008 (notification) 

November 1, 2008 (plan) 

November 1, 2011 (reports) 

S5.B9 Copper Compliance 

Schedule (if applicable) 

1/permit cycle April 1, 2008 (notification) 

March 1, 2009 (plan) 

S6.C Time Travel Study 1/year February 1 

S7 Integrated Aquatic 

Vegetation Management 

1/permit cycle November 1, 2008 

S9 Spill Plan 1/permit cycle November 1, 2008 

S9 Update to Spill Plan 1/permit cycle February 1, 2010 

S10.A Legal Notice Submittal 1/year February 1 

S11.A1 Discharge Monitoring 

Reports (DMR) 

Monthly 

(April - 

October) 

May 30 (April results)

June 30 (May results)

July 30 (June results) 

August 30 (July results)

September 30 (August results) 

October 30 (September results) 

November 30 (October results)

S11.A2 Discharge Monitoring 

Reports for Fluridone and 

Imazapyr 

Monthly 

(October - 

March) 

November 30 (October results)

December 30 (November results)

January 30 (December results)

March 2 (January results)

March 30 (February results) 

April 30 (March results)

S11.B Annual Treatment Reports 1/year February 1 

S11.C Notification of Treatments As necessary 24 hours prior to any treatment 

S11.G Noncompliance 

Notification 

As necessary See S11.G for details 

G8. Application for Permit 

Renewal 

1/permit cycle 180 days prior to expiration of 

permit 

G9 and 

G19 

Additional Information As necessary See G9 and G19 

G13 Upset Notice As necessary See G13 

G18 Reporting Planned Changes As necessary As soon as possible 

G20 Reporting Anticipated NonCompliance As necessary 45 days prior to discharges 

Page 3 of 22 
 

 

SPECIAL CONDITIONS 

S1. Activities Covered 

Every irrigation district or irrigation water supplier who applies pesticides to water in 

irrigation canals or ditches that flows to a point of compliance (as defined in S4) shall 

apply for and obtain coverage under this general permit (unless those activities are 

covered under an individual NPDES permit). 

S2. Geographic Area Covered 

This general permit covers the use of pesticides in irrigation supply systems anywhere in 

the state of Washington. Each applicant for coverage under this permit shall describe the 

specific areas where aquatic weed control activities occur. 

S3. Obtaining Coverage 

For new irrigation supply systems or those seeking coverage after June 19, 2008: 

A. The permittee shall notify the Department of Ecology (Ecology) by submitting a 

completed application form requesting coverage under this permit at least 90 days 

prior to the planned activity that will result in the discharge to waters of the state. 

B. The permittee shall publish a notice twice in a local newspaper of general 

circulation. 

1. The notice shall state that the permittee has applied for coverage pursuant 

to Section 173-226-130(5) WAC. 

2. The notice shall state that comments on the application may be sent to: 

Aquatic Pesticides Team, Water Quality Program, Department of Ecology, 

PO Box 47600, Olympia, Washington 98504-7600. 

3. The notice shall specify the last day of the 30-day public comment period. 

C. At the end of the 30-day comment period, Ecology will accept the application and 

review all comments prior to making a determination on whether to grant permit 

coverage. 

D. Ecology intends to notify applicants by mail of their status concerning coverage 

under this permit. If the applicant does not receive notification of the coverage 

decision from Ecology, coverage under this permit will commence on the 60th 

day following Ecology's determination that the application form is complete. 

Page 4 of 22 
 

 

S4. Point of Compliance 

A. The point of compliance means the location where water treated with pesticides 

enters surface water bodies that existed prior to the creation of reclamation and 

irrigation projects. 

B. In addition, for Amon Wasteway, Snipes Creek Wasteway, Sulphur Creek 

Wasteway, and Crab Creek, the point of compliance shall be at or above the 

following locations: 

1. Amon Wasteway where it exits the golf course at Gage Road 

(approximately latitude 46.22715, longitude -119.26024). 

2. Snipes Creek Wasteway at the Benton 29.32 Lateral (near McCreadie 

Road) (approximately at latitude 46.25630, longitude -119.67406). 

3. Sulphur Creek Wasteway at Sheller Road (approximately at latitude 

46.33167, longitude -119.98021). 

4. Crab Creek at Red Rock Coulee / DCC1 wasteway (approximately at 

latitude 46.84693, longitude -119.58673). 

C. A permittee may choose to use the points of compliance specified in S4.A and not 

the points of compliance specified in S4.B, if the permittee does all of the 

following requirements: 

 1. Notifies Ecology by April 1, 2008 of its intent to do so. 

2. Submits a plan by November 1, 2008 detailing how it will meet the 

requirements of S4.C3 and S4.C4. 

3. Submits to Ecology by November 1, 2011 a report detailing fish and other 

aquatic life uses in the waterbody identified in S4.B. 

a. The report shall contain a comprehensive analysis of all of the uses 

of the waterbody during the permittee’s entire irrigation season. 

b. The permittee shall ensure that appropriately trained personnel use 

currently accepted data collection practices to perform all work for 

the report. 

4. Submits to Ecology by November 1, 2011 an economic and engineering 

analysis detailing what changes to the current pesticide application 

practices or irrigation practices would have to occur to meet the permit 

requirements at the points of compliance identified in S4.B. 

D. The permittee may move its point(s) of compliance upstream of the point 

described in S4.A or S4.B for easier access for monitoring or for other reasons. 

The permittee shall notify Ecology in writing before moving a point of 

compliance. 

S5. Discharge Limitations 

From March 21, 2008 to February 20, 2013, the permittee is authorized to discharge the 

aquatic pesticides designated in this permit into irrigation conveyance systems. The 

Page 5 of 22 
 

 

permittee shall follow label directions, shall comply with applicable state and federal 

laws and rules regarding pesticides, and shall comply with the terms and conditions of 

this permit. 

A. Temporary Water Quality Modification 

1. WAC 173-201A includes a provision which allows short-term 

modification of the criteria established in the regulation so long as the 

permittee meets certain conditions. This permit conditions, times, and 

restricts such activities in a manner that will minimize water quality 

degradation to existing uses. 

2. This permit allows the use of pesticides to control aquatic weeds only if 

the permittee satisfies all the terms and conditions of this permit and 

minimizes the time necessary to accomplish the desired aquatic plant 

management objectives. 

3. The use of pesticides authorized by this permit shall not cause long-term 

harm to the environment. 

4. The short-term water quality modification shall last only hours or days for 

a specific pesticide application authorized under this permit. 

B. Discharges at the Point of Compliance 

1. The permittee shall ensure that all discharges and activities authorized by 

this permit comply with the terms and conditions of this permit. 

2. The discharge of any pollutant listed in S5.B4 at a level in excess of that 

identified and authorized by this permit constitutes a violation of the terms 

and conditions of this permit. 

3. The permittee shall not use adjuvants. 

4. Wherever treated water from a pesticide application eventually flows to a 

point of compliance, the permittee shall ensure that the concentrations do 

not exceed the following limitations at the point of compliance: 

Parameter Maximum instantaneous 

concentration 

Copper (dissolved) 25 ug/l 

Acrolein 21 ug/l 

Xylene 5.1 mg/l 

Sodium Carbonate Peroxyhydrate No Limitation 

Fluridone See S5.B6 

Imazapyr See S5.B7 

The maximum instantaneous concentration means the highest allowable 

discharge at any time. 

5. For sodium carbonate peroxyhydrate applications: 

a. The permittee need not conduct monitoring under S6. 

b. The permittee shall comply with reporting and record keeping for 

all treatments under S11. 

Page 6 of 22 
 

 

6. For fluridone applications: 

a. The permittee shall only apply fluridone between October 1 and 

March 31. 

b. The permittee shall only apply in-water fluridone to slow-moving 

or quiescent waters. 

c. The permittee shall conduct fluridone treatments in a manner that 

will prevent treated water from reaching a point of compliance for 

at least eight weeks after application. 

d. The permittee need not conduct monitoring under S6. 

e. The permittee shall comply with reporting and record keeping for 

all treatments under S11. 

7. For imazapyr applications: 

a. The permittee shall only apply imazapyr between October 1 and 

March 31. 

b. The permittee shall only apply imazapyr to slow-moving or 

quiescent waters. 

c. The permittee shall conduct imazapyr treatments in a manner that 

will prevent treated water from reaching a point of compliance for 

at least two weeks after application. 

d. The permittee need not conduct monitoring under S6. 

e. The permittee shall comply with reporting and record keeping for 

all treatments under S11. 

8. Where a risk assessment has not been completed, permittees may apply a 

pesticide under a Washington State Department of Agriculture 

Experimental Use Permit (EUP). 

a. The permittee need not conduct monitoring under S6 (other than 

the monitoring specified in the EUP). 

b. The permittee shall comply with reporting and record keeping for 

all treatments under S11. 

9. A permittee may implement a compliance schedule rather than meet the 

copper limitation in S5.B4. 

a. If a permittee chooses to use a compliance schedule, the permittee 

need not meet the requirements in S5.B4 for copper until March 1, 

2012, but it shall meet the following interim requirements: 

Requirement Deadline 

Notify Ecology in writing of its intent to use the 

compliance schedule. 

April 1, 2008 

Submit a plan to Ecology by March 1, 2009 explaining 

how the permittee will meet the copper limit in S5.B4 

by March 1, 2012. 

March 1, 2009 

Page 7 of 22 
 

 

Wherever treated water from a pesticide application 

eventually flows to a point of compliance, the permittee 

shall ensure that the copper concentrations do not 

exceed the following limitations at the point of 

compliance: 

• a maximum 24-hour rolling average limit of 25 

ug/l and a maximum instantaneous limit of 100 

ug/l. 

• a maximum 24-hour rolling average limit of 25 

ug/l and a maximum instantaneous limit of 75 

ug/l. 

• a maximum 24-hour rolling average limit of 25 

ug/l and a maximum instantaneous limit of 50 

ug/l. 

• a maximum instantaneous limit of 25 ug/l. 

March 1, 2008 

March 1, 2010 

March 1, 2011 

March 1, 2012 

b. The permittee shall calculate the 24-hour rolling average by 

averaging all samples taken over each 24-hour rolling period. The 

permittee shall evenly space the time between each sample. The 

permittee shall sample at least twice per treatment according to the 

requirements in S6.A. 

S6. Monitoring Requirements 

A. The permittee shall monitor all pesticide applications where the treated water 

eventually flows to a point of compliance according to the sampling schedule. 

 1. Sampling Schedule 

Monitoring 

Site Parameter Method Detection Limit 

Minimum Sampling 

Frequency 

Sample 

Type 

Point(s) of 

Compliance 

Flow Not Applicable Concurrent with all 

other samples 

Measurement 

Point(s) of 

Compliance 

Copper, dissolved 5 ug/l 2 times per treatment 

(see S6.A2) 

Grab 

Point(s) of 

Compliance 

Hardness (only when 

monitoring copper) 

1 mg/l Concurrently with 

copper sampling 

Grab 

Point(s) of 

Compliance 

Acrolein 2 ug/l 2 times per treatment 

(see S6.A2) 

Grab 

Point(s) of 

Compliance 

Xylene 1 mg/l 2 times per treatment 

(see S6.A2) 

Grab 

Page 8 of 22 
 

 

Monitoring 

Site Parameter Method Detection Limit 

Minimum Sampling Sample 

Frequency Type 

None Sodium Carbonate 

Peroxyhydrate 

Not Applicable None None 

None Fluridone Not Applicable None None 

None Imazapyr Not Applicable None None 

 2. The permittee shall take the two samples to identify the highest 

concentration of the pesticide. The permittee shall take both samples 

during the peak pesticide concentration at the compliance point. 

a. If the travel time is 20 hours or more, the permittee shall space 

their sampling at least two hours apart. 

b. If the travel time is less than 20 hours, the permittee shall space 

their samples at 10% of the travel time of the pesticide. 

c. If the permittee is tracking multiple treatments simultaneously, the 

permittee shall use the shortest travel time to determine if the 

permittee follows S6.A2a or S6.A2b. 

B. Special Situations 

1. Ecology may reduce the minimum sampling frequency if the permittee 

meets specific conditions and Ecology grants written approval. A 

permittee may provide information to Ecology that reliably predicts the 

travel time (even under variable flow rates) and the pesticide’s potential 

maximum concentration at the point of compliance. If approved by 

Ecology, the permittee shall take no less than one sample during two 

different treatments at each treatment site each year. The permittee shall 

take each sample at the peak concentration of the pesticide. 

2. If the permittee holds treated water (any amount) and then releases it days 

or weeks later, the permittee shall conduct monitoring according to S6.A1 

until Ecology approves reduced monitoring in writing (S6.B1). To gain 

approval from Ecology, the permittee shall document that it prevents any 

flows to the point of compliance for a sufficient length of time to allow the 

pesticide to degrade to levels below the discharge limitations in S5.B. The 

documentation shall include any combination of calculations and/or 

monitoring data. If approved by Ecology, the permittee shall monitor at 

least twice annually as per the reduced monitoring allowance in S6.B1. 

3. If all treated water is consumed (i.e. used on-farm) and the end of the 

canal/spillway is dry, the permittee need not conduct monitoring. The 

permittee shall include all pesticide applications covered by this special 

situation on the monthly discharge monitoring report (DMR). The DMR 

shall also provide evidence (such as data photographs or flow records) to 

show that the canal was dry long enough so that all the treated water was 

Page 9 of 22 
 

 

consumed. This special situation only applies if no treated water (or water 

mixed with treated water) is held. If any water is simply held, this special 

situation does not apply. 

4. In some situations, the permittee prevents treated water from reaching 

some points of compliance by closing side canals/spillways. (For 

example, a permittee closes a gate to a spillway while treating the primary 

canal and all the treated water passes the closed gate.) The permittee shall 

conduct full monitoring (S6.A) at the points of compliance corresponding 

to the closed canals/spillways when the canals/spillways are reopened 

unless: 

 a. The closed canal/spillway is kept closed for double the travel time 

it takes the treated water to reach the point of closure. In this 

situation, no monitoring is required. For this special situation only, 

the travel time is counted from when the pesticide application 

ends. (For example, if a treatment ends at 1:00 and it takes four 

hours to pass the closed gate at 5:00, the permittee shall keep the 

gate closed for another four hours until 9:00 for this special 

situation to apply). 

 b. Ecology approves reduced monitoring as per S6.B1. In this case, 

the permittee shall sample as required in S6.B1 when the canals are 

reopened. 

 

C. Time Travel Study 

1. The permittee shall support all monitoring by completing a time travel 

study at each application site. 

2. Time travel studies shall determine the amount of time it takes the 

pesticide to travel from the application site to the point of compliance. 

3. The flow conditions during the time travel study shall mimic the 

conditions during pesticide application. 

4. The permittee shall use time travel studies that are less than five years old. 

5. The permittee shall submit the results of the most recent time travel 

studies to Ecology by February 1 of each year. 

6. Time travel studies are only required for pesticide applications that flow to 

a point of compliance. 

D. Sampling and Analytical Procedures 

1. The permittee shall ensure that all samples and measurements taken to 

meet the requirements of this permit are representative of the volume, 

concentration, and nature of the monitored parameters. 

2. The permittee shall ensure that sampling and analytical methods used to 

meet the monitoring requirements specified in this permit conform to the 

latest revision of the Guidelines Establishing Test Procedures for the 

Analysis of Pollutants contained in 40 CFR Part 136 or to the latest 

revision of Standard Methods for the Examination of Water and 

Wastewater (APHA), unless otherwise specified in this permit or approved 

in writing by Ecology. 

Page 10 of 22 
 

 

3. Acrolein testing may follow the procedures of Solid Waste Method 8260. 

S7. Integrated Vegetation Management Plan 

A. The permittee shall prepare and submit a copy of an Integrated Vegetation 

Management Plan (IVMP) to Ecology on or before November 1, 2008 for review 

and approval. The permittee shall implement the IVMP after written approval 

from Ecology. 

B. If the permittee selects treatment to reduce or eliminate pesticide residues as a 

method to achieve compliance, the permittee shall submit two copies of 

approvable plans and specifications in accordance with WAC 173-240 to Ecology 

for review and approval. 

S8. Operation and Maintenance 

The permittee shall, at all times, properly operate and maintain all facilities or systems of 

treatment and control (and related appurtenances) which are installed to achieve 

compliance with the terms and conditions of this permit. Proper operation and 

maintenance includes adequate laboratory controls and appropriate quality assurance 

procedures. This provision requires the operation of back-up or auxiliary facilities or 

similar systems that the permittee installed only when the operation is necessary to 

achieve compliance with the conditions of this permit. 

S9. Spill Plan for Pesticide Storage and Application Sites 

A. By November 1, 2008, the permittee shall submit to Ecology a spill control plan 

for the prevention, containment, and control of spills or unplanned discharges 

from the application, storage, and transportation of pesticides. 

1. The permittee shall review and update the Spill Plan, as needed, and 

submit an update to Ecology by February 1, 2010. 

2. The permittee shall submit all changes to the plan to Ecology. 

3. The permittee shall follow the plan and any supplements throughout the 

term of the permit. 

B. The spill control plan shall include the following: 

1. A description of the process the permittee will use to alert responsible 

managers and legal authorities in the event of a spill. 

2. A description of preventive measures and facilities (including an overall 

facility plot showing drainage patterns) which prevent, contain, or treat 

spills of these materials. 

3. A list of all pesticides used, processed, or stored at the facility that could 

spill into state waters. 

Page 11 of 22 
 

 

S10. Public Notice Procedures 

 

 A. Legal Notice Procedures 

1. Prior to each treatment season, the permittee shall publish a notice in the 

legal notices section of a local newspaper of general circulation (or nearest 

regional paper if a local paper does not exist). 

2. The permittee shall publish the legal notices prior to the first pesticide 

application of the season. 

3. The legal notice shall include: 

a. The purpose of the pesticide application; 

b. A general description of the canals to be treated; 

c. The pesticide(s) the permittee will use and their active 

ingredient(s); 

d. The approximate date(s) of treatment; 

e. The approximate location(s) of treatment; 

f. Any water use restrictions or precautions; 

g. The posting procedure; 

h. The names and phone numbers of the permittee; and 

i. The address and phone number of the appropriate Ecology regional 

office. 

4. The permittee shall mail or fax a dated copy of the published notice or an 

affidavit from the newspaper to: 

 Aquatic Pesticides Team 

 Water Quality Program 

 Department of Ecology 

 PO Box 47600 

 Olympia, Washington 98504-7600. 

5. The permittee shall submit a copy of the published notice or an affidavit 

from the newspaper no later than February 1 of the following year. 

6. The permittee shall mail or hand deliver a copy of the published notice or 

an affidavit from the newspaper to Ecology with five days upon request. 

7. In addition, the permittee may provide notice using general newsletters, 

special notices enclosed in the annual assessments, and individual letters. 

 

B. Posting Procedures 

1. For acrolein and xylene treatments, the permittee shall post signs at all 

irrigation canal and drainage ditch accesses within one mile of the point of 

application that are normally available to the public (such as public road 

crossings of canals or drainage ditches). 

2. The permittee shall post and maintain all signs prior to the each 

application. 

3. The permittee shall use good faith and reasonable effort to ensure that 

posted signs remain in place throughout the treatment. 

4. The permittee should use signs printed in both English and Spanish. 

 5. The signs shall include, at a minimum, the following information: 

a. Name and telephone number of the irrigation district; 

Page 12 of 22 
 

 

b. A statement that the public must not trespass on access sites; and 

c. A statement that water treatments using {the pesticide} to control 

aquatic plants may occur during the irrigation season. 

 

C. Variations to this Procedure 

The permittee shall obtain advance written approval from Ecology before making 

variations to the posting and notification procedures listed in this Permit. 

S11. Reporting and Recordkeeping Requirements 

The permittee shall record and report in accordance with the following conditions. The 

falsification of information submitted to Ecology shall constitute a violation of the terms 

and conditions of this permit. 

The permittee shall send reports to: 

 Aquatic Pesticides Team 

 Water Quality Program 

 Department of Ecology 

 PO Box 47600 

 Olympia, Washington 98504-7600. 

A. Discharge Monitoring Reports 

1. The permittee shall submit monitoring results monthly for the treatment 

months of April through October whether or not the permittee applied 

pesticides or discharged treated water. 

a. The permittee shall summarize, report, and submit monitoring data 

on a Discharge Monitoring Report (DMR) form provided or 

otherwise approved by Ecology. 

b. DMR for each month shall be postmarked within 30 days after the 

end of the month. 

c. If the permittee conducted no aquatic pesticide treatments during a 

month, the permittee shall submit the form as required with the 

words "no applications" entered in place of the monitoring results. 

2. If the permittee is applying fluridone or imazapyr, the permittee shall 

submit DMRs monthly for October through March. 

a. DMR for each month shall be postmarked within 30 days after the 

end of the month. 

b. If the permittee conducted no aquatic pesticide treatments during a 

month, the permittee shall submit the form as required with the 

words "no applications" entered in place of the monitoring results. 

c. For each month with a fluridone or imazapyr treatment, the DMR 

shall state whether or not any fluridone or imazapyr treated water 

reached a point of compliance. 

3. See S6.B3 for additional requirements for DMRs when all treated water is 

consumed. 

Page 13 of 22 
 

 

B. Annual Treatment Reports 

1. The permittee shall keep complete application records on a report form 

provided by Ecology. 

2. The report shall include a listing of all pesticide applications, including the 

amount of pesticide used. 

3. The permittee shall submit the annual report to Ecology no later than 

February 1 of each year. 

C. Notification of Treatments 

1. The permittee shall telephone, fax, or submit electronically a list of 

planned treatments to Ecology at least 24 hours prior to any treatment. 

2. This list shall contain the names and locations of the treatment sites. 

D. Records Retention 

1. The permittee shall retain records of all monitoring information for a 

minimum of five years. 

2. Such information shall include all calibration and maintenance records, all 

original recordings for continuous monitoring instrumentation, copies of 

all reports required by this permit, all original laboratory data, and records 

of all data used to complete the application for this permit. 

3. The permittee shall extend this period of retention during the course of any 

unresolved litigation regarding the discharge of pollutants by the permittee 

or when requested by Ecology. 

E. Recording of Results 

1. For each sample taken, the permittee shall record the following 

information: 

a. The date. 

b. Exact place. 

c. Time of sampling. 

d. The individual who performed the sampling. 

2. All laboratory reports providing data for organic and metal parameters 

shall include the following information: 

a. Sampling date. 

b. Sample location. 

c. Date of analysis. 

d. Parameter name. 

e. Analytical method / number. 

f. Preservation method. 

g. Method detection limit (MDL). 

h. Laboratory practical quantification limit (PQL). 

i. Reporting units. 

j. Concentration detected. 

3. Acrolein monitoring data shall also include the time of sampling, time of 

analysis, and method of sample transport. 

Page 14 of 22 
 

 

F. Additional Monitoring by the Permittee 

If the permittee monitors any pollutant more frequently than required by this 

permit using test procedures and sampling locations specified under Condition S6 

of this permit, then the permittee shall include the results of this monitoring in the 

DMR. 

G. Noncompliance Notification 

1. In the event the permittee is unable to comply with any of the terms and 

conditions of this permit, the permittee shall: 

a. Immediately take action to prevent the discharge/pollution or 

otherwise stop or correct the noncompliance. 

b. Notify Ecology within 24 hours of becoming aware of the failure 

to comply. 

c. Submit a detailed written report to Ecology within five (5) days of 

becoming aware of the failure to comply. The report shall contain a 

description of the noncompliance (including exact dates and times) 

and the steps taken or planned to reduce, eliminate, and prevent 

reoccurrence of the noncompliance. If the permittee has not 

corrected the noncompliance, the report shall also include the 

anticipated time the permittee expects it to return to compliance. 

2. Compliance with these requirements does not relieve the permittee from 

responsibility to maintain continuous compliance with the terms and 

conditions of this permit or the resulting liability for failure to comply. 

S12. Compliance with Standards 

This permit does not authorize a violation of Washington State Surface Water Quality 

Standards (Chapter 173-201A Washington Administrative Code (WAC)), Ground Water 

Quality Standards (Chapter 173-200 WAC), Sediment Management Standards (Chapter 

173-204 WAC), or human health-based criteria in the National Toxics Rule (Federal 

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

S13. Permit Fees 

A. The Permittee shall pay permit fees assessed by Ecology and established in 

Chapter 173-224 WAC. 

B. Ecology will continue to assess permit fees until the permit is revoked in 

accordance with G5. 

Page 15 of 22 
 

 

S14. Solid and Liquid Waste Management 

The Permittee shall not allow solid waste material or leachate to cause violations of the 

State Surface Water Quality Standards (Chapter 173-201A WAC), the Ground Water 

Quality Standards (Chapter 173-200 WAC) or the Sediment Management Standards 

(Chapter 173-204 WAC). 

GENERAL CONDITIONS 

G1. DISCHARGE VIOLATIONS 

All discharges and activities authorized by this general permit shall be consistent with the 

terms and conditions of this general permit. Any discharge of any pollutant more frequent 

than or at a level in excess of that identified and authorized by the general permit shall 

constitute a violation of the terms and conditions of this permit. 

G2. SIGNATORY REQUIREMENTS 

A. All applications, reports, or information submitted to Ecology shall be signed and 

certified: 

1. In the case of corporations, by a responsible corporate officer. For the 

purposes of this section a responsible corporate officer means: (a) A 

president, secretary, treasurer, or vice-president of the corporation in 

charge of a principal business function, or any other person who performs 

similar policy- or decision-making functions for the corporation, or (b) the 

manager of one or more manufacturing, production, or operating facilities, 

provided the manager is authorized to make management decisions which 

govern the operation of the regulated facility, including having the explicit 

or implicit duty of making major capital investment recommendations and 

initiating and directing other comprehensive measures to assure long term 

environmental compliance with environmental laws and regulations; the 

manager can ensure that the necessary systems are established or actions 

taken to gather complete and accurate information for permit application 

requirements; and where authority to sign documents has been assigned to 

or delegated to the manager in accordance with corporate procedures. 

2. In the case of a partnership, by a general partner of a partnership. 

3. In the case of sole proprietorship, by the proprietor. 

4. In the case of a municipal, state, or other public facility, by either a 

principal executive officer or ranking elected official. 

Page 16 of 22 
 

 

B. All reports required by this permit and other information requested by Ecology 

shall be signed by a person described above or by a duly authorized representative 

of that person. A person is a duly authorized representative only if: 

1. The authorization is made in writing by a person described above and 

submitted to the Ecology. 

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

responsibility for the overall operation of the regulated facility, such as the 

position of plant manager, superintendent, position of equivalent 

responsibility, or an individual or position having overall responsibility for 

environmental matters. 

C. Changes to authorization. If an authorization under paragraph G2.B.2 above is no 

longer accurate because a different individual or position has responsibility for the 

overall operation of the facility, a new authorization satisfying the requirements of 

paragraph G2.B.2 above shall be submitted to Ecology prior to, or together with, 

any reports, information, or applications to be signed by an authorized 

representative. 

D. Certification. Any person signing a document under this section shall make the 

following certification: 

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

prepared under my direction or supervision in accordance with a system designed 

to assure that qualified personnel properly gathered and evaluated the information 

submitted. Based on my inquiry of the person or persons who manage the system, 

or those persons directly responsible for gathering information, the information 

submitted is, to the best of my knowledge and belief, true, accurate, and complete. 

 I am aware that there are significant penalties for submitting false information, 

including the possibility of fine and imprisonment for knowing violations.” 

G3. RIGHT OF INSPECTION AND ENTRY 

The permittee shall allow an authorized representative of Ecology, upon the presentation 

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

A. To enter upon the premises where a discharge is located or where any records 

shall be kept under the terms and conditions of this permit. 

B. To have access to and copy - at reasonable times and at reasonable 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 required 

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 authorized by 

the Clean Water Act. 

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G4. GENERAL PERMIT MODIFICATION AND REVOCATION 

This permit may be modified, revoked and reissued, or terminated in accordance with the 

provisions of Chapter 173-226 WAC. Grounds for modification, revocation and 

reissuance, or termination include, but are not limited to, the following: 

A. When a change which occurs in the technology or practices for control or 

abatement of pollutants applicable to the category of dischargers covered under 

this permit. 

B. When effluent limitation guidelines or standards are promulgated pursuant to the 

CWA or Chapter 90.48 RCW, for the category of dischargers covered under this 

permit. 

C. When a water quality management plan containing requirements applicable to the 

category of dischargers covered under this permit is approved. 

D. When information is obtained which indicates that cumulative effects on the 

environment from dischargers covered under this permit are unacceptable. 

G5. REVOCATION OF COVERAGE UNDER THE PERMIT 

Pursuant with Chapter 43.21B RCW and Chapter 173-226 WAC, the Director may 

terminate coverage for any discharger under this permit for cause. Cases where coverage 

may be terminated include, but are not limited to, the following: 

A. Violation of any term or condition of this permit. 

B. Obtaining coverage under this permit by misrepresentation or failure to disclose 

fully all relevant facts. 

C. A change in any condition that requires either a temporary or permanent reduction 

or elimination of the permitted discharge. 

D. Failure or refusal of the permittee to allow entry as required in RCW 90.48.090. 

E. A determination that the permitted activity endangers human health or the 

environment, or contributes to water quality standards violations. 

F. Nonpayment of permit fees or penalties assessed pursuant to RCW 90.48.465 and 

Chapter 173-224 WAC. 

G. Failure of the permittee to satisfy the public notice requirements of WAC 173-

226-130(5), when applicable. 

The Director may require any discharger under this permit to apply for and obtain 

coverage under an individual permit or another more specific general permit. Permittees 

who have their coverage revoked for cause according to WAC 173-226-240 may request 

temporary coverage under this permit during the time an individual permit is being 

developed, provided the request is made within ninety (90) days from the time of 

revocation and is submitted along with a complete individual permit application form. 

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G6. REPORTING A CAUSE FOR MODIFICATION 

The permittee shall submit a new application, or a supplement to the previous 

application, whenever a material change to the activity or in the quantity or type of 

discharge is anticipated which is not specifically authorized by this permit. This 

application shall be submitted at least sixty (60) days prior to any proposed changes. The 

filing of a request by the permittee for a permit modification, revocation and reissuance, 

or termination, or a notification of planned changes or anticipated noncompliance does 

not relieve the permittee of the duty to comply with the existing permit until it is 

modified or reissued. 

G7. COMPLIANCE WITH OTHER LAWS AND STATUTES 

Nothing in this permit shall be construed as excusing the permittee from compliance with 

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

G8. DUTY TO REAPPLY 

The permittee shall apply for permit renewal at least 180 days prior to the specified 

expiration date of this permit. 

G9. DUTY TO PROVIDE INFORMATION 

The permittee shall submit to Ecology, within a reasonable time, all information which 

Ecology may request to determine whether cause exists for modifying, revoking and 

reissuing, or terminating this permit or to determine compliance with this permit. The 

permittee shall also submit to Ecology upon request, copies of records required to be kept 

by this permit [40 CFR 122.41(h)]. 

G10. OTHER REQUIREMENTS OF 40 CFR 

All other requirements of 40 CFR 122.41 and 122.42 are incorporated in this permit by 

reference. 

G11. ADDITIONAL MONITORING 

Ecology may establish specific monitoring requirements in addition to those contained in 

this permit by administrative order or permit modification. 

G12. PENALTIES FOR VIOLATING PERMIT CONDITIONS 

Any person who is found guilty of willfully violating the terms and conditions of this 

permit shall be deemed guilty of a crime, and upon conviction thereof shall be punished 

by a fine of up to ten thousand dollars ($10,000) and costs of prosecution, or by 

imprisonment in the discretion of the court. Each day upon which a willful violation 

occurs may be deemed a separate and additional violation. 

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Any person who violates the terms and conditions of a waste discharge permit shall incur, 

in addition to any other penalty as provided by law, a civil penalty in the amount 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 

continuance shall be deemed to be a separate and distinct violation. 

G13. UPSET 

Definition – “Upset” means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology-based permit effluent limitations because of 

factors beyond the reasonable control of the permittee. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed treatment 

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or 

improper operation. 

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

such technology-based permit effluent limitations if the requirements of the following 

paragraph are met. 

A permittee who wishes to establish the affirmative defense of upset shall demonstrate, 

through properly signed, contemporaneous operating logs or other relevant evidence that: 

1) an upset occurred and that the permittee can identify the cause(s) of the upset; 2) the 

permitted facility was being properly operated at the time of the upset; 3) the permittee 

submitted notice of the upset as required in condition S11.G; and 4) the permittee 

complied with any remedial measures required under this permit. 

In any enforcement proceeding, the permittee seeking to establish the occurrence of an 

upset has the burden of proof. 

G14. PROPERTY RIGHTS 

This permit does not convey any property rights of any sort, or any exclusive privilege. 

G15. DUTY TO COMPLY 

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

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

permit termination, revocation and reissuance, or modification; or denial of a permit 

renewal application. 

G16. TOXIC POLLUTANTS 

The permittee shall comply with effluent standards or prohibitions established under 

Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the 

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regulations that establish those standards or prohibitions, even if this permit has not yet 

been modified to incorporate the requirement. 

G17. PENALTIES FOR TAMPERING 

The Clean Water Act provides that any person who falsifies, tampers with, or knowingly 

renders inaccurate any monitoring device or method required to be maintained under this 

permit shall, upon conviction, be punished by a fine of not more than $10,000 per 

violation, or by imprisonment for not more than two years per violation, or by both. If a 

conviction of a person is for a violation committed after a first conviction of such person 

under this Condition, punishment shall be a fine of not more than $20,000 per day of 

violation, or imprisonment of not more than four years, or both. 

G18. REPORTING PLANNED CHANGES 

The permittee shall, as soon as possible, give notice to Ecology of planned physical 

alterations, modifications or additions to the permitted activity, which will result in 

A. A significant change in the nature or an increase in quantity of pollutants 

discharged or 

B. A new point of compliance. 

Following such notice, permit coverage may be modified, or revoked and reissued 

pursuant to 40 CFR 122.62(a) to specify and limit any pollutants not previously limited. 

Until such modification is effective, any new or increased discharge in excess of permit 

limits or not specifically authorized by this permit constitutes a violation. 

G19. REPORTING OTHER INFORMATION 

Where the permittee becomes aware that it failed to submit any relevant facts in a permit 

application, or submitted incorrect information in a permit application or in any report to 

Ecology, it shall promptly submit such facts or information. 

G20. REPORTING ANTICIPATED NON-COMPLIANCE 

The permittee shall give advance notice to Ecology by submission of a new application or 

supplement thereto at least forty-five (45) days prior to commencement of such 

discharges, of any facility expansions, production increases, or other planned changes, 

such as process modifications, in the permitted facility or activity which may 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 be scheduled during non-critical water quality periods and carried out in a 

manner approved by Ecology. 

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G21. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER THE PERMIT 

Any discharger authorized by this permit may request to be excluded from coverage 

under the general permit by applying for an individual permit. The discharger shall 

submit to the Director an application as described in WAC 173-220-040 or WAC 173-

216-070, whichever is applicable, with reasons supporting the request. These reasons 

shall fully document how an individual permit will apply to the applicant in a way that 

the general permit cannot. Ecology may make specific requests for information to support 

the request. The Director shall either issue an individual permit or deny the request with a 

statement explaining the reason for the denial. 

G22. APPEALS 

A. The terms and conditions of this general permit, as they apply to the appropriate 

class of dischargers, are subject to appeal by any person within 30 days of 

issuance of this general permit, in accordance with Chapter 43.21B RCW, and 

Chapter 173-226 WAC. 

B. The terms and conditions of this general permit, as they apply to an individual 

discharger, are appealable in accordance with Chapter 43.21B RCW within 30 

days of the effective date of coverage of that discharger. Consideration of an 

appeal of general permit coverage of an individual discharger is limited to the 

general permit’s applicability or nonapplicability to that individual discharger. 

C. The appeal of general permit coverage of an individual discharger does not affect 

any other dischargers covered under this general permit. If the terms and 

conditions of this general permit are found to be inapplicable to any individual 

discharger(s), the matter shall be remanded to Ecology for consideration of 

issuance of an individual permit or permits. 

G23. SEVERABILITY 

The provisions of this permit are severable, and if any provision of this permit, or 

application of any provision of this permit to any circumstance, is held invalid, the 

application of such provision to other circumstances, and the remainder of this permit 

shall not be affected thereby. 

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