Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-226 - Waste discharge general permit program › Section 173-226-140 - Notice to other government agencies

Current through Register Vol. 24-14, July 15, 2024
The department shall notify other appropriate government
				agencies of each draft general permit determination and shall provide such
				agencies an opportunity to submit their written views and recommendations. Such
				notification for NPDES and combined NPDES/state waste discharge general permits
				only, shall include the following:
(1)
			 Transmission of the fact sheet, application form, and draft general permit to
			 the regional administrator for comment or objection. The regional administrator
			 shall be provided ninety days to comment on the draft permit prior to issuance
			 by the department unless an alternative time period is mutually agreed on by
			 the director and the regional administrator.
(2) Immediately following issuance, the
			 department shall transmit a copy of every fact sheet, application form, and
			 general permit along with any and all terms, conditions, requirements, or
			 documents which are a part of the general permit or which affect the
			 authorization by the general permit, of the discharge of pollutants, to the
			 regional administrator.
(3) At the
			 time of issuance of the public notices pursuant to WAC
			 173-226-130(1)(a), (3)(a), and
			 (4)(a) the department shall transmit the
			 public notices to any other states whose waters may be affected by the issuance
			 of the general permit. Each affected state shall be afforded an opportunity to
			 submit written comments pursuant to WAC
			 173-226-130(1)(b) and
			 (3)(d), to the department and to the regional
			 administrator, which the department may incorporate into the permit if issued.
			 Should the department fail to incorporate any written recommendations thus
			 received, it shall provide to the affected state or states (and to the regional
			 administrator) a written explanation of its reasons for failing to accept any
			 of the written recommendations or comments.
(4) Unless waived by the respective agency,
			 the public notices issued pursuant to WAC
			 173-226-130(1)(a), (2), (3)(a), and
			 (4)(a) shall be sent to the appropriate
			 district engineer of the Army Corps of Engineers, the United States Fish and
			 Wildlife Service, the National Marine Fisheries Service, the state departments
			 of fisheries, health, natural resources, wildlife, and social and health
			 services, the office of archaeology and historic preservation, the agency
			 responsible for the preparation of an approved plan pursuant to section 208(b)
			 of the FWPCA, applicable Indian tribes, and any other applicable government
			 agencies.
(5) A copy of any written
			 agreement between the department and an agency identified in subsection (4) of
			 this section which waives the receipt of public notices shall be forwarded to
			 the regional administrator and shall be made available upon request to the
			 public for inspection and copying.
(6) Copies of public notices issued pursuant
			 to WAC 173-226-130(1)(a), (2), (3)(a), and
			 (4)(a) shall be mailed to any other federal,
			 state, or local agency, Indian tribe, or any affected country, upon request.
			 Such agencies shall have an opportunity to respond or comment on the draft
			 general permit pursuant to WAC
			 173-226-130(1)(b) and
			 (3)(d).
Statutory Authority:
				  Chapter
				  90.48 RCW. 93-10-099
				  (Order 92-55), § 173-226-140, filed 5/5/93, effective
				  5/19/93.