Win for the industry: AGC and allies secure changes to DOE’s construction stormwater permit

AGC and its partner organizations settled its appeal of the new Construction Stormwater General Permit with the Department of Ecology.

“This appeal has resulted in substantive changes in the permit language and guidance that sought in the appeal,” said attorney James Tupper (Tupper, Mack, Wells) who managed the appeal on behalf of AGC of Washington, AGC Inland Northwest, WACA and other industry groups. “This is the first time in litigating Ecology’s general permits since 1995 that I have seen Ecology agree to permit modifications without an adverse ruling from the Pollution Control Hearings Board.”

DOE will still have to put the new permit language through the public comment process and will have to consider any public comments on the modifications before issuing final permit language. The modifications requested and achieved by the industry groups include clarification that potable water may be used for dust control.

The permit originally discussed the use of “uncontaminated” water used to control dust, which could have been construed to mean contractors could have been in violation should they use potable water which is “contaminated” by fluoride, etc. Another modification agreed to by DOE involves the use of recycled concrete.

The permit originally would have made projects using any amount of recycled concrete to sampling requirements. The permit will now say, “If construction activity results in the disturbance of one acre or more and involves significant concrete work (significant concrete work means greater than 1000 cubic yards poured concrete or recycled concrete used over the life of a project)” are subject to sampling requirements."

Members of AGC’s Environment Committee, chaired by Carter Rohrbough (Granite), spearheaded AGC’s participation in the appeal.

For more information, contact AGC Chief Lobbyist Jerry VanderWood, 360-352-5000.