Editor’s note: The information below is from the Department of Ecology. AGC will also be analyzing the draft. AGC members should send in comments as they see fit but please share any thoughts with AGC Chief Lobbyist Jerry VanderWood.
Ecology is proposing updates to the Construction Stormwater National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit. The current permit went into effect on Jan. 1, 2021, and is scheduled to expire on Dec. 31, 2025. The draft permit is now available for review starting from 9 a.m. on March 19, 2025, through 11:59 p.m. on May 9, 2025. We will host two informational meetings and public hearings (more information below).
Summary of proposed changes
We are proposing several substantive changes and making updates for clarity. The proposed changes will maintain our compliance with EPA requirements, provide clarification on when the permit is needed by adding a list of construction activities, and add new requirements for certain parts of the permit, to better protect water quality. Below is a summary, for a full list of changes please see the permit fact sheet.
- Increasing sampling frequency when “dewatering water” is discharged to certain impaired water bodies.
If not properly managed, dewatering discharges may be highly turbid. We are proposing to require daily turbidity sampling of dewatering discharges, rather than weekly, when discharging to certain sensitive waterbodies. - Adding low dissolved oxygen to the impairments that trigger a numeric effluent limit for turbidity, rather than a benchmark.
We propose that sites discharging to waterbodies impaired for “low dissolved oxygen” (Category 5) would now have a numeric effluent limit for turbidity. This change would be more protective since nutrients from construction activity can reduce oxygen in the water. - New requirements for sites under an acre that have a condition for permit coverage.
Generally, sites under an acre do not require permit coverage and this is not changing. However, there are times when other requirements such as city ordinances, company policy, or soil or groundwater contamination requires a site of this size to get permit coverage. Based on previous permit implementation and compliance issues, we are proposing to increase the site inspection, monitoring, and reporting requirements for these sites.
Purpose of the Permit
General permits address various legal requirements and responsibilities and regulate the discharge of pollutants to protect water quality in Washington State. The Construction Stormwater General Permit authorizes the discharge of stormwater and conditionally approved non-stormwater associated with construction activity. Under the Federal Clean Water Act and State Water Pollution Control Acts a permit is required for the discharge of wastewater. When the permitted activities conducted by a specific class of industries are similar, Ecology issues a general permit to cover all of them, rather than issuing a series of individual permits.
Copies of the Draft Permit and Fact Sheet
The draft permit, fact sheet, which explains the technical basis for the permit, and related documents are available on our webpage. You may also request copies from Water Quality reception at 360-407 6600.
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Submitting Comments
We are accepting comments on the draft permit 9 a.m. on March 19, 2025, through 11:59 p.m. on May 9, 2025. Written comments by mail must be postmarked by May 9, 2025 to be included in the public record. Comments should reference specific permit text when possible.
You can submit written comment in the following ways:
- Submit comments online (preferred)
- By U.S. mail (postmarked by May 9, 2025)
Kendra Henderson, WA Department of Ecology,
PO Box 47696
Olympia, WA 98504-7696 - At our public hearings, listed below
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Public meeting and hearings
The purpose of the informational meeting is to explain the general permit and answer questions prior to the formal public hearings. The hearings provide an opportunity for people to give verbal testimony on the proposed draft permit. Verbal testimony will receive the same consideration as written comments. The public hearing will begin immediately following the question and answer session and will conclude when testimony is complete.
The informational meetings and hearings will occur at the following times:
In-person meeting & hearing
April 21, 2025 – 1:30 p.m.
Washington State Department of Ecology,
Main Auditorium 300 Desmond Drive SE, Lacey, WA 98503 (map)
Online meeting & hearing
April 24, 2025 – 5 p.m.
Register for the webinar
Issuing the Permit
After we receive and consider all public comments, we will make a final decision on permit issuance. We will publish a Response to Comments as an appendix to the fact sheet to address comments submitted. We expect to make a decision on the general permit in in the Spring 2025.