PERMIT NO: WAG - 991000

Cove ge Date:

Issua ce Date: April 10, 2002

Effect ve Date: May 10, 2002

Expir tion Date: May 10, 2007

IRRIGAnON SYSTEM AQUATIC WEED aNTRaL

NAnONAL POLLUTANT DISCHARGE ELIMIN nON SYSTEM

WASTE DISCHARGE GENERAL PE IT

State of Washington

Department ofEcology

Olympia, Washington 98504-7600

In compliance with the provisions 0

Chapter 90.48 Revised Code ofWashington a amended

and

The Federal Water Pollution Control Act as mended

(The Clean Water Act)

Title 33 United States Code, Section 125I et seq.

Until this permit expires, is modified or revoked, Permittees that h ve properly obtained

coverage by this permit arc authorized to discharge to waters ofth state in accordance with the

special and general conditions that follow.

Megan te, P.E., Manager

Water Quality Program

Department ofEcology
Page 2 of21

TABLE OF CONTENTS

SUMMARY OF PERMIT REPORT SUBMITTALS .4

PERMIT COVERAGE 5

CI. ACTIVITIES COVERED 5

C2. GEOGRAPHIC AREA COVERED .5

C3. HOW CAN COVERAGE BE OBTAINED 5

C4. HOW COVERAGE MAY BE TERMINATED 6

SPECIAL CONDITIONS 6

S I. DISCHARGE LIMITATIONS 6

A. Temporary Water Quality Modification 6

B. Residual Wastes to Natural Waters 6

S2. MONITORING REQUIREMENTS 7

I. Option I) Annual Monitoring Plan 7

2. Option 2) Monitoring at Selected Sites 8

B. Sampling and Analytical Procedures 8

C. Flow Measurement. 9

S3. REPORTING AND RECORDKEEPING REQUIREMENT 9

A. Discharge Monitoring Reports 9

I. Reporting ofData from Monitoring Option I 9

2. Reports of data from Monitoring option 2 10

B. Annual Treatment Reports 10

C. Weekly Notification of Treatments 10

D. Records Retention 10

E. Recording ofResults 10

F. Additional Monitoring by the Permittee .11

G. Noncompliance Notification 11

S4. OPERATION AND MAINTENANCE 11

85. ENGINEERING REPORT (FACILITY PLAN) AND INTE RATED VEGETATION

MANAGEMENT PLAN 11

Plans and Specifications 12

86. COMPLIANCE SCHEDULE 12

87. SPILL PLAN FOR HERBICIDE STORAGE AND APPLIC TION SITES 12
Page 3 of21

PUBLIC NOTICE PROCEDURES 13

PI. LEGAL NOTICE PROCEDURES 13

P2. Posting Procedures: 13

P3. Variations to this Procedure 14

GENERAL CONDITIONS 15
Page 4 of21

SUMMARY OF PERMIT REPORT SUB

Refer to the Special and General Conditions ofthis permit for dditional submittal

requirements.

Permit Submittal Frequency Submittal Date

Section

S2 Annual Monitoring Plan Option I Annually (see S2)

S3.A Discharge Monitoring Report for Monthly Ap ·1 -

Option 2 October

S3.A Annual Monitoring Report for Option I Annually February I

S3.B Herbicide Application Report Annually February I

PI Legal Notice Submittal Annually February I

S3.H Noncompliance Notification As necessa

S6 Progress Report for Compliance Annually February I

Schedule

S5. Integrated Aquatic Vegetation I/pennit eye e November I, 2003

Management/Best Management

Practices Plan

S7 Spill Plan I/pennit cyc e February 10,2003

GIS. Notice ofChange in Authorization As necessa

G4. Permit Application for Substantive As necessa

Changes to the Discharge

Gl4. Engineering Report for Construction or As necessa

Modification Activities

Gl8. Application for Permit Renewal November 10,2006

G8 Notice of Pennit Transfer As necessa
Page50f21

PERMIT COVERAGE

Cl. ACTIVITIES COVERED

Every irrigation district or irrigation water supplier who appli s herbicides to water in

irrigation canals or ditches that flows to natural surface waters ofthe state must apply for

and obtain coverage under this general permit unless those act vities are covered under an

individual NPDES permit, or are in compliance with FIFRA r quirements and exempt under

the provisions ofthe NPDES permit exemption for irrigation r tum flows.

C2. GEOGRAPHIC AREA COVERED

This general permit covers application of herbicides in irrigati n supply systems anywhere

in the entire state ofWashington. The specific areas where aq atic weed control activities

are covered are described and limited by each application for c verage.

C3. HOW CAN COVERAGE BE OBTAINED

I. Existing Irrigation Supply Systems Requesting Coverage

Notify the Department by submitting a completed application f r coverage no later than 90

days after the issuance date ofthis general permit. Unless the epartment responds in

writing to the notification, coverage of a discharger under this ermit will commence on the

effective date ofthe permit.

2. New Irrigation Supply systems or those seeking coverage fter [90 days after issuance]

a. Notify the Department by submission of a completed plication form requesting

coverage under this permit at least 90 days prior to the planned activity that will

result in the discharge to waters ofthe state.

b. Publish twice in a local newspaper of general circulati n a notice that an

application for coverage has been made pursuant to Se tion 173-226-130(5) WAC.

This notice shall specify the last day ofthe 30 day pub ic comment period.

c. At the end ofthe 30 day comment period, the Departm nt will accept the

application and review all comments prior to making a determination on whether to

grant permit coverage.
Page 6 of21

d. The Department intends to notify applicants by mail ftheir status concerning

coverage under this permit. Ifthe applicant does not r ceive notification ofthe

coverage decision from the Department, coverage un er this permit will commence

on the 31st day following the Department's acceptanc of an application form.

C4. HOW COVERAGE MAYBE TERMINATED

Grounds for termination of coverage in addition to that found n G5, G 16, and G20 include

change in regulatory status that indicates that the activity shou d not be subject to CWA

Section 402. Regulatory status for a permittee under this gene al permit will be determined

by the Department based on new information that demonstrate how the permitted activity

should not be regulated under CWA Section 402.

SPECIAL CONDITIONS

S1. DISCHARGE LIMITATIONS

Beginning on the effective date ofthis permit and lasting through e expiration date, the

Permittee is authorized to discharge aquatic herbicides which are Ii ited in this permit into

irrigation conveyance systems subject to following label directions nd applicable state and

federal laws and rules regarding pesticides and complying with the onditions ofthis permit.

A. Temporary Water Quality Modification

The application of herbicides allowed by this permit to co trol aquatic weeds in the

irrigation water conveyance system is allowed so long as t e conditions ofthis permit

are satisfied and the exceedance of water quality criteria is limited to the vicinity ofthe

herbicide application and to the minimum time necessary t accomplish the desired

aquatic pest control objectives. This temporary water qual ty modification is allowed

only in the confines ofthe irrigation conveyance system a not in natural waters.

B. Residual Wastes to Natural Waters

All discharges and activities authorized by this permit shal be consistent with the terms

and conditions ofthis permit.

The discharge of any ofthe following pollutants at a level i excess ofthat identified

and authorized by this permit shall constitute a violation ofthe terms and conditions of

this permit.

No adjuvants shall be used by the Permittee unless specific lly allowed through this

permit.
Page 7 of21

The following limitations are to be complied with in acco dance with the schedule

contained in S6. The points of compliance with these limi ations are at monitoring

points within or at the terminus of the irrigation system th t represent water exiting the

irrigation system and entering natural waters.

Parameter Maximu n daily concentration

Copper, dissolved 25 ug/l

acrolein 21 uz/l

xylene 10 mz/l

The maximum daily limitation is defined as the highest allowabl daily discharge. The daily

discharge means the discharge of a pollutant measured during a c lendar day. The maximum

daily discharge is the average measurement ofthe 0011 tant over the dav.

For this general permit only, the points of compliance are t 'natural waters' located

where surface water courses existed prior to the alteration ofwater drainage and

creation ofreclamation and irrigation projects.

S2. MONITORING REQUIREMENTS

A. The permittee shall choose either option I or option 2 during permit years 2002, 2003,

and 2004. The permittee shall follow the option 2 requirements in permit years 2005

and 2006.

I. Option I) Annual Monitoring Plan

The permittee choosing this option shall submit a pIa for monitoring a

representative sampling of herbicide application sites during the upcoming aquatic

weed control season. The permittee may participate in a group monitoring plan and

implementation in lieu of an individual monitoring p an. Annual monitoring plans

shall be submitted no later than February I of each year except for the year 2002 in

order to satisfy this condition. Annual monitoring pI ns for the 2002 season shall

be submitted by May I, 2002. The plans will be subj ct to approval by the

Department.

Monitoring of application sites selected and accepted in the monitoring plan shall

be performed by the permittee(s) as stated in the mon toring plan. The annual

monitoring plan shall be devised so that alternative methods of application,

different types oftreated locations, and concentration and transport of herbicides

after application, relative herbicide persistence in the ~ater column, or plant

species surveys are measured in a representative sam ling of applications. Special

studies of herbicide degradation and volatility may be performed to satisfy the

monitoring requirement as directed by the Departmer t.
Page 8 of21

~. Option 2) Monitoring at Selected Sites

The permittee choosing this option shall monitor all t erbicide applications where

the treated water eventually flows to natural waters.

The herbicidc(s) applied shall be monitored accordin to the sampling schedule,

Table I

Sampling Schedule Table I

Parameter MDL Minim m Sampling Sample

Monitoring site Units Freque cy Type

outfall to natural Flow 3 times per treatment* Measurewaters ment

" Copper, total dissolved 5 ug/l 3 time per treatment grab

*

Hardness (only when Concur ently with grab

monitoring CODDer) copper amp ling

" Acrolein 2 ug/l 3 times per treatment grab

*

" Xylene I mg/l/ 3 times per treatment grab

*

*On the hour treated flow is expected to reach the sampling site, apd 1-2 hours before and 12 to

24 hours later.

The minimum sampling frequency may be reduced if certa n conditions are met and

written approval is granted by the Department. The object ve ofthe sampling in option

2 is to quantify the amount ofthe herbicide, if any, passing into natural waters. A

permittee may provide information to the Department that ndicates assurance that the

travel time from location and circumstances offlow rate fo a herbicide's potential

maximum concentration at the outlet to natural water is kn wn and reliable. If

approved by the Department, the minimum sampling frequ ncy may be reduced but no

fewer than once per treatment in the years 2002 through 20p4, and no fewer than twice

annually for each treatment site after the 2004 treatment se son.

B. Sampling and Analytical Procedures

Samples and measurements taken to meet the requirements ofthis permit shall be

representative ofthe volume and nature ofthe monitored p frameters.

Sampling and analytical methods used to meet the monitorihg requirements specified in

this permit shall conform to the latest revision ofthe Guide ines Establishing Test

Proceduresfor the Analysis ofPollutants contained in 40 CfR Part 136 or to the latest
Page 9 of21

revision of Standard Methodsfor the Examination ofWa er and Wastewater (APHA),

unless otherwise specified in this permit or approved in riting by the Department of

Ecology (Department). Acrolein testing may follow the rocedures of Solid Waste

Method 8260.

C. Flow Measurement

Appropriate flow measurement devices or methods consi tent with accepted industry

practices shall be selected and used to ensure the accurac and reliability of

measurements ofthe quantity ofmonitored flows. Ifdevi es are used, they shall be

installed, calibrated, and maintained to ensure that the ac uracy ofthe measurements are

consistent with the accepted industry standard for that t of device. Frequency of

calibration shall be in conformance with manufacturer's r commendations and at a

minimum frequency of at least one calibration per year. alibration records shall be

maintained for at least three years. Instantaneous flow wi I be recorded when a sample

is taken and reported to the Department.

S3. REPORTING AND RECORDKEEPING REQUIREMEN S

The Permittee shall monitor and report in accordance with the ollowing conditions. The

falsification of information submitted to the Department shall onstitute a violation ofthe

terms and conditions ofthis permit.

All laboratory reports providing data for organic and metal pa meters shall include the

following information: sampling date, sample location, date 0 analysis, parameter name,

CAS number, analytical method! number, method detection Ii it (MDL), laboratory

practical quantitation limit (PQL), reporting units, and concent ation detected. Acrolein

monitoring data shall include the time ofsampling, time of an lysis and method ofsample

transport.

The report(s) shall be sent to the Aquatic Pesticides Team, Wa er Quality Program,

Department of Ecology, PO Box 47600, Olympia, Washingto 98504-7600.

A. Discharge Monitoring Reports

I. Reporting of Data from Monitoring Option I

Monitoring data that is generated from sampling and t sting in accordance with

annual monitoring plans shall be submitted no later th February I ofthe

following year. Monitoring data shall be submitted in a format acceptable to the

Department. The report shall be signed and certified y the responsible official.

Ifthere was no treatment with aquatic herbicides duri g a given monitoring period,

submit the report as required with the words "no disch ge" entered in place ofthe

monitoring results.
PagelOof21

2. Reports of data from Monitoring option 2

The first monitoring period begins on the effective d te ofthe permit. Monitoring

results shall be submitted monthly. Monitoring data btained during each

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

Monitoring Report (DMR) form provided, or otherwi e approved, by the

Department. DMR forms shall be received no later t an the 45th day ofthe month

following the completed monitoring period, unless ot erwise specified in this

permit. The report(s) shall be sent to the Aquatic Pesticides Team, Water Quality

Program, Department of Ecology, PO Box 47600, 0 ympia, Washington 98504-

7600.

Discharge Monitoring Report forms must be submitte monthly for the treatment

months ofApril through October whether or not the f cility was discharging. If

there was no treatment by aquatic herbicides during a given monitoring period,

submit the form as required with the words "no disch rge" entered in place ofthe

monitoring results.

B. Annual Treatment Reports

The Permittee shall keep complete application records on report form. A summary of

herbicide application records shall be submitted to the De artment no later than

February I of each year.

C. Weekly Notification ofTreatments

The Permittee shall telephone, Email or FAX a list of plan ed treatments to Ecology's

appropriate regional office prior to the following week's tr atments. This list shall

contain the names and locations ofthe treatment sites.

D. Records Retention

The Permittee shall retain records of all monitoring inform tion for a minimum ofthree

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

all original recordings for continuous monitoring instrume tation, copies of all reports

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

permit. This period ofretention shall be extended during th course of any unresolved

litigation regarding the discharge of pollutants by the Perm ttee or when requested by

the Director.

E. Recording ofResults

For each measurement or sample taken, the Permittee shall ecord the following

information: (I) the date, exact place, method, and time of ampling or measurement;

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

analyses were performed; (4) the individual who performe the analyses; (5) the

analytical techniques or methods used; and (6) the results 0 all analyses.
Page 11 of21

F. Additional Monitoring by the Permittee

lfthe Permittee monitors any pollutant more frequently t an required by this permit

using test procedures and sampling locations specified u der Condition S2. ofthis

permit, then the results ofthis monitoring shall be includ d in the calculation and

reporting ofthe data submitted in the Permittee's DMR.

G. Noncompliance Notification

In the event the Permittee is unable to comply with any 0 the terms and conditions of

this permit due to any cause, the Permittee shall:

2. Immediately notify the Department of the failure to c

I. Immediately take action to stop, contain, and clean u

otherwise stop the noncompliance, correct the proble

sampling and analysis of any noncompliance immedi

the Department within thirty (30) days after becomin

unauthorized discharges or

and, if applicable, repeat

tely and submit the results to

aware ofthe violation.

Compliance with these requirements does not relieve the ermittee from responsibility

to maintain continuous compliance with the terms and co ditions ofthis permit or the

resulting liability for failure to comply.

S4. OPERAnON AND MAINTENANCE

The Permittee shall, at all times, properly operate and maintai all facilities or systems of

treatment and control (and related appurtenances) which are i stalled to achieve compliance

with the terms and conditions ofthis permit. Proper operation and maintenance also

includes adequate laboratory controls and appropriate quality surance procedures. This

provision requires the operation of back-up or auxiliary faciliti s or similar systems, which

are installed by a Permittee only when the operation is necessa to achieve compliance with

the conditions ofthis permit.

85. ENGINEERING REPORT (FACILITY PLAN) AND INT GRATED VEGETAnON

MANAGEMENT PLAN

No later than March I, 2003 two copies of an approvable engi eering report shall be

prepared and submitted by the Washington State Water Resour es Association (WSWRA)

in accordance with the agreed scope ofwork and submitted to t e Department for review

and approval.

Any interested person may request, in writing, permit modifica ion based on new

information not available at the time ofpermit issuance. The epartment will determine if

permit modification is justified.
Page 12 of21

The permittee shall submit a copy of an Integrated Vegetation anagement Plan (IVMP) to

the Department on or before November I, 2003 for review an acceptance. The IVMP may

be based on the results ofthe engineering report. The IVMP hall be implemented after

acceptance from the Department.

Plans and Specifications

No later than one year after the approval date ofthe engin ering report, iftreatment to

reduce or eliminate herbicide residues is selected as a met od to achieve compliance,

the Permittee shall submit two copies of approvable plans and specifications in

accordance with WAC 173-240 to the Department for rev ew and approval.

S6. COMPLIANCE SCHEDULE

The permittee shall comply with the effluent limitations in SI 0 later than April I, 2005.

Progress in meeting these limits shall be described in the Ann al Report submitted each year

no later than February I.

S7. SPILL PLAN FOR HERBICIDE STORAGE AND APPL ATION SITES

Within nine months after the effective date ofthe permit, the ermittee shall submit to the

Department a spill control plan for the prevention, containme t, and control ofspills or

unplanned discharges from the application, storage and transp rtation of herbicides. The

Permittee shall review and update the Spill Plan, as needed, a d submit an update in the year

2005. Changes to the plan shall be sent to the Department. T e plan and any supplements

shall be followed throughout the term ofthe permit.

The updated spill control plan shall include the following:

• A description ofthe reporting system which will be use to alert responsible

managers and legal authorities in the event of a spill.

• A description of preventive measures and facilities (inc uding an overall facility plot

showing drainage patterns) which prevent, contain, or t eat spills ofthese materials.

• A list of all herbicides used, processed, or stored at the acility that may be spilled

into state waters.
Page 13 of21

PUBLIC NOTICE PROCEDURE

PI. LEGAL NOTICE PROCEDURES

The Permittee shall publish, prior to each treatment season, a otice in the legal notices

section of a local newspaper of general circulation (or nearest egional paper if a local paper

does not exist)

These legal notices shall be published prior to the first herbici e application ofthe Season.

This notice shall include:

A. The purpose ofthe herbicide application;

B. A general description ofthe canals to be treated;

C. The herbicide(s) to be used and their active ingredient(s);

D. The approximate date(s) oftreatment;

E. The approximate location(s) to be treated;

F. Any water use restrictions or precautions;

G. The posting procedure; and

H. The names and phone numbers ofthe Permittee and the app opriate Ecology regional

office.

A dated copy ofthe published notice or an affidavit from th legal Department ofthe

newspaper shall be mailed or faxed to the appropriate Ecolo regional office. This form

must be submitted to the appropriate Ecology Office no late than February I ofthe

following year, and be mailed or hand delivered to Ecology mmediately upon request.

Inaddition, notice can also be provided by general newslett rs, special notices enclosed

in the annual assessments and individual letters.

P2. POSTING PROCEDURES:

The Permittee shall post signs at all irrigation canal and drainag ditch accesses within one

mile ofthe point of application for acrolein or xylene that are n nnally available to the

public (such as public road crossings of canals or drainage ditch s). The Permittee shall

post and maintain all signs prior to the initial application. The ennittee shall use good faith

and reasonable effort to ensure that posted signs remain in place throughout the treatment

season.

The Permittee shall post and maintain signs as follows:

A. The signs shall include but not be limited to the folIo ing information:
Page 14 of21

1. Name and telephone number ofthe irrigation di trict;

2. Access sites are private property, not to be tres assed upon; and

3. Water treatments using {the herbicide) to contr I aquatic plants may occur

during the irrigation season.

P3. VARIAnONS TO THIS PROCEDURE

The Permittee shall obtain advance written approval from the Department before

making variations to the posting and notification proced res listed in this Permit.
Page 15 of21

GENERAL CONDITIONS

GI. DISCHARGE VIOLAnONS

The Permittee shall at all times be responsible for continuous ompliance with the terms and

conditions ofthis general permit. The Permittee shall be resp nsible for compliance with

any order, directive, or penalty issued by the Department.

G2. PROPER OPERATION AND MAINTENANCE

The Permittee shall at all times properly operate and maintain any facilities or systems of

control to achieve compliance with the terms and conditions 0 the general permit. Where

design criteria have been established, the Permittee shall not a low flows or waste loadings

to exceed approved design criteria or approved revisions there o.

G3. RIGHT OF ENTRY

The Permittee shall allow an authorized representative ofthe epartment, upon the

presentation of credentials and such other documents as may e required by law, at

reasonable times:

A. To enter upon the Permittee's premises in which an efflu t source (discharge) is

located or in which any records are required to be kept un er the terms and conditions of

this general permit;

B. To have access to and to copy at reasonable costs, any rec rds required to be kept under

terms and conditions ofthe permit;

C. To inspect any monitoring equipment or method ofmonit ring required in this general

permit; and/or

G4. NOTIFICATION OF CHANGE IN COVERED ACTIVITIES

The Permittee shall submit a new Application for Coverage to he Department when facility

expansions, production increases, or process modifications wil (I) result in new or

substantially increased discharges of pollutants or a change in e nature ofthe discharge of

pollutants or (2) violate the terms and conditions ofthis genera permit,

G5. REVOCATION OF COVERAGE

Pursuant to Chapter 43.2IB RCW and Chapter 173-226 WAC, the Director may require any

discharger authorized by this general permit to apply for and 0 lain coverage under an
Page 16 of21

individual permit or another more specific and appropriate ge eral permit. Cases where

revocation of coverage may be required include, but are not Ii ited to the following:

A. Violation of any term or condition ofthis general permit.

B. Obtaining coverage under this general permit by misrepr sentation or failure to disclose

fully all relevant facts.

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

elimination ofthe permitted discharge.

D. Failure or refusal ofthe Permittee to allow entry as requir din RCW 90.48.090.

E. A determination that the permitted activity endangers hum health or the environment,

or significantly contributes to water quality standards viol tions.

F. Nonpayment ofpermit fees or penalties assessed pursuant 0 RCW 90.48.465 and

Chapter 173-224 WAC.

G. Failure ofthe Permittee to satisfy the public notice require ents ofWAC 173-226-

130(5), when applicable.

Permittees who have their coverage revoked for cause accordi g to WAC 173-226-240 may

request temporary coverage under this permit during the time n individual permit is being

developed, provided the request is made within 90 days from t e time ofrevocation and is

submitted along with a complete individual permit application orm.

G6. GENERAL PERMIT MODIFICATION OR REVOCATION

General permits may be modified, or revoked and reissued, in ccordance with the

provisions of40CFR 124.5, 40CFR 122.62, 40CFR 122.63,40 FR 122.64, Chapter 43.21B

RCW and Chapter 173-226 WAC. Grounds for modification 0 revocation and reissuance

include, but are not limited to, the following:

A. When a change that occurs in the technology or practices fi r control or abatement of

pollutants applicable to the category of dischargers covered under this general permit.

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

FWPCA or Chapter 90.48 RCW for the category ofdischar ers covered under this

general permit.

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

category of dischargers covered under this general permit is pproved.

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

environment from dischargers covered under this general pe it are unacceptable.
Page 17 of21

G7. REPORTING A CAUSE FOR REVOCATION OF COVE

A Permittee who knows or has reason to believe that any acti ity has occurred or will occur

which would constitute cause for revocation under condition 5 or 40 CFR 122.62 shall

report such information to the Department so that a decision c n be made on whether action

to revoke coverage under this general permit will be required. The Department may then

require submission of a new Application for Coverage under is or another general permit

or an application for an individual permit. Submission of a ne application does not relieve

the Permittee ofthe duty to comply with all the terms and con itions ofthe existing general

permit until the new application for coverage has been approv d or an individual permit has

been issued..

G8. TRANSFER OF PERMIT COVERAGE

Coverage under this general permit is automatically transferre to a new discharger if:

A. A written signed agreement between the old and new disc arger containing a specific

date for transfer ofpermit responsibility and coverage is s mitted to the Department;

and

B. The Department does not notify the old and new discharg ofits intent to revoke

coverage under the general permit. Ifthis notice is not giv n, the transfer is effective on

the date specified in the written agreement between the old and new discharger.

G9. TOXIC POLLUTANTS

If any applicable toxic effluent standard or prohibition (includi g any schedule of

compliance specified in such effluent standard or prohibition) i established under section

307(a) ofthe Clean Water Act for a toxic pollutant and that sta dard or prohibition is more

stringent than any limitation upon such pollutant in this genera permit, the Department shall

institute proceedings to modify or revoke and reissue this gene al permit to conform to the

new toxic effluent standard or prohibition.

G IO. OTHER REQUIREMENTS OF TITLE 40 CODE OF FEDE L REGULATIONS

All other applicable requirements of40 CFR 122.41 and 122.4 are incorporated in this

general permit by reference.

G II. COMPLIANCE WITH OTHER LAWS AND STATUTES

Nothing in the permit shall be construed as excusing the Permit ee from compliance with

any applicable federal, state, or local statutes, ordinances, or re ulations.
Page 18 of21

All persons applyingpesticidesunder this Pennit shouldbe aware of the following regulations:

A. The pesticideAPPLICATOR regulations as required by the Wa ington Department of

Agriculture (RCW 17.21,RCW 15.58, and WAC 16-22 ).

B. Public access policy and Hydraulics Code regulations as require by the Washington Department

of Fish & Wildlife (RCW 77.55.I00, WAC 220-I10).

C. Shorelinesregulationsas required by the localcity or county (R W 90.58).

D. All applicableregulations of other agencies. Check local ordin nces for compliance.

G12. ADDITIONAL MONITORING REQUIREMENTS

The Department may establish specific monitoring requireme ts in addition to those

contained in this general permit by administrative order or pe it modification.

G13. REMOVED SUBSTANCES

Collected screenings, grit, solids, sludges, filter backwash, or ther pollutants removed in

the course oftreatment or pollution control ofwastewaters sha I not be resuspended or

reintroduced to the final effluent stream for discharge to state aters. Such removed

substances shall be lawfully disposed in an appropriate manne and shall comply with

Chapter 173-303 WAC and Chapter 173-304 WAC.

G I4. USE OF ACCREDITED LABORATORIES

All monitoring data, except for flow, temperature, settleable so ids, conductivity, pH, and

internal process control parameters, shall be prepared by a lab ratory registered or

accredited under the provisions of, Accreditation ofEnvironm ntal Laboratories, Chapter

173-50 WAC. Conductivity and pH shall be accredited ifthe I boratory must otherwise be

registered or accredited. Soils and hazardous waste data are ex mpted from this

requirement pending accreditation oflaboratories for the analy is ofthese media by the

Department.

GIS. SIGNATORY REQUIREMENTS

All applications, reports, or information submitted to the Dep ment shall be signed and

certified.

A. All permit applications shall be signed by either a responsi Ie corporate officer ofat

least the level of vice president of a corporation, a general artner of a partnership, the

proprietor ofa sole proprietorship or ranking elected offici I.
Page 19 of21

B. All reports required by this permit and other information equested by the Department

shall be signed by a person described above or by a duly uthorized representative of

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

I. The authorization is made in writing by a person des ribed above and submitted to

the Department.

2. The authorization specifies either an individual or a osition having responsibility

for the overall operation of a regulated facility, such s the position ofplant

manager, superintendent, position of equivalent resp nsibility, or an individual or

position having overall responsibility for environme al matters. (A duly

authorized representative may thus be either a named individual or any individual

occupying a named position.)

C. Changes to authorization. If an authorization under para aph B.2. above is no longer

accurate because a different individual or position has res onsibility for the overall

operation ofthe facility, a new authorization satisfying th requirements ofparagraph

B.2. above must be submitted to the Department prior to r together with any reports,

information, or applications to be signed by an authorized representative.

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

following certification:

I certify under penalty oflaw, that this document and all attach ents were prepared under

my direction or supervision in accordance with a system desig ed to assure that qualified

personnel properly gathered and evaluated the information sub itted. Based on my

inquiries ofthe person or persons who manage the system, or t ose persons directly

responsible for gathering information, the information submitt d is, to the best ofmy

knowledge and belief, true, accurate and complete. I am awar that there are significant

penalties for submitting false information, including the possib lity offines and

imprisonment for knowing violations.

G 16. REQUESTS TO BE EXCLUDED FROM COVERAGE UND R A GENERAL PERMIT

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

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

to the Director an application as described in WAC 173-220-0 0 or WAC 173-216-070,

whichever is applicable, with reasons supporting the request. he Director shall either issue

an individual permit or deny the request with a statement expla ning the reason for the

denial.

G17. APPEALS

The terms and conditions ofthis general permit:
age 20 of21

A. As they apply to the appropriate class of dischargers are su ject to appeal within thirty

(30) days ofissuance ofthis general permit in accordance ith Chapter 43.21(B) RCW

and Chapter 173-226 WAC; and

B. As they apply to an individual discharger are subject to ap eal in accordance with

Chapter 43.21(B) RCW within thirty (30) days of the effec ive date of coverage ofthat

discharger.

Consideration of an appeal of general permit coverage of an in ividual discharger is limited

to the general permit's applicability or non-applicability to that discharger. Appeal ofthis

general permit coverage of an individual discharger shall not a ect any other individual

dischargers. Ifthe terms and conditions ofthis general permit are found to be inapplicable

to any discharger(s), the matter shall be remanded to the Dep ment for consideration of

issuance of an individual permit or permits.

G18. DUTY TO REAPPLY

The Permittee shall reapply for coverage under this general pe it at least one hundred and

eighty (180) days prior to the specified expiration date ofthis eneral permit. An expired

general permit continues in force and effect until a new gener I permit is issued or until the

Department cancels it. Only those facilities that reapply for c verage are covered under the

continued permit.

019. TERMINATION OF INDIVIDUAL PERMITS

Any previously issued individual permit shall remain in effec until terminated in writing by

the Department, except that extension of an expired individua permit (pursuant to WAC

173-220-180(5)) shall terminate upon coverage under this ge eral permit.

G20. TERMINATION OF COVERAGE UPON ISSUANCE OF INDIVIDUAL PERMIT

When an individual permit is issued to a discharger otherwis subject to this general permit,

the coverage under this general permit for that Permittee is te inated on the effective date

ofthe individual permit.

021. ENFORCEMENT

Any violation ofthe terms and conditions ofthis general pe

Control Act, and the federal Clean Water Act, will be subjec

direct and indirect, as provided for in WAC 173-226-250.

022. SEVERABILITY

it, the state Water Pollution

to the enforcement sanctions,

The provisions ofthis general permit are severable, and if an provision of this general

permit, or application of any provision ofthis general permit to any circumstance, is held
Page 21 of21

invalid, the application ofsuch provision to other circumstan es and the remainder ofthis

general permit shall not be affected thereby.

G23.PAYMENT OF FEES

The Permittee shall submit payment of fees associated with t is permit as assessed by the

Department.