Both sides find fault with draft stormwater permits

Clean Water Act: ‘Not a perfect permit,’ says Ecology boss; environmental groups agree

Staff writer • Published October 20, 2011

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The state Department of Ecology released draft stormwater permits Wednesday for large and medium-sized cities and counties in Western Washington, permits that are supposed to control and prevent stormwater runoff from polluting Puget Sound, rivers and lakes.

PUBLIC FEEDBACK

The public can comment on proposed stormwater permits for large- and medium-sized Western Washington jurisdictions drafted by the state Department of Ecology until 5 p.m. Feb. 3, 2012.

The draft permits, fact sheets and information about upcoming workshops is available at www.ecy.wa.gov/programs/wq/stormwater/municipal/2012draftMUNIcom.html.

Ecology officials said the new permit will increase the amount of development where stormwater mimics the natural environment, soaking into the ground rather than flowing into water bodies every time it rains.

In the same breath, they said the progress will be slow and delayed due to the economic struggles facing the state.

“It’s not a perfect permit,” Ecology director Ted Sturdevant said. “This recognizes that changing the way we build is not going to happen overnight.”

Ecology must update the permits every five years to comply with the federal Clean Water Act.

Environmental groups said the new permits will allow developers to keep paving over green spaces and avoid low impact development techniques designed to filter and prevent stormwater laced with oil, heavy metals, toxic chemicals and bacterial contamination from running amok.

“We’re very disappointed with the product,” environmental lobbyist Bruce Wishart said. “The proposal is riddled with loopholes to the point it’s almost a voluntary approach.”

“We don’t agree there are a bunch of loopholes,” Sturdevant countered. “We’re trying to do this in a way that is both realistic and feasible on the ground.”

For instance, he said, it makes no sense to require developers to infiltrate stormwater on site if the soils don’t allow it.

Businesses can’t afford a new layer of regulations in these tough economic times, noted Grant Nelson, government affairs director for the Association of Washington Business.

“Given today’s economic climate, we’ll be carefully looking at potential costs associated with the new permits,” Nelson said.

In 2008, the state Pollution Control Hearings Board issued a landmark decision that requires cities and counties around Puget Sound to do more to corral and reduce polluted runoff. Opinions differ on whether or not the new permit meets the standard set in the ruling.

Some of the major changes in the new permit include:

 • Requiring developers to use low impact development practices such as rain gardens, green roofs, permeable pavement and other techniques, if site conditions warrant it.

 • Establishing a regional monitoring network to gauge if the stormwater controls are working.

 • Requiring projects smaller than 1 acre to comply with the permit.

But the new permit rejects a notion long held by some environmental groups and scientists that the best way to control stormwater is to leave more native vegetation on a development site.

“This permit is our biggest chance to make real progress in the restoration of Puget Sound,” said Chris Wilke, executive director of the Puget Soundkeeper Alliance. “Unfortunately, it fails to deliver on proven solutions to reduce toxic runoff.”

Once approved, the stormwater permit will be phased in through 2017, just three years before the self-imposed deadline Washington state Gov. Chris Gregoire has set to have Puget Sound cleaned up.

John Dodge: 360-754-5444 jdodge@theolympian.com

Similar stories:

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  • Water regulations again take center stage as previous concessions come up for renewal

  • EPA grants state $6.3 million

  • Budget cuts could delay pollution rules

  • Stormwater fund in play as budget-balancing tool

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