The
Problem
The
largest source of pollution harming Puget Sound is
stormwater. The Department of Ecology (Ecology) estimates
that 33% of the impaired water bodies in or draining
into Puget Sound are the result of stormwater pollution.
Impaired water bodies, as defined in the Clean Water
Act, have lost one or more of their beneficial uses,
including swimming, fishing, or drinking water as
a result of pollution. Stormwater enters Puget Sound
directly through storm drains after precipitation
comes in contact with urban areas (cars, streets
and lawns), industrial facilities (raw materials,
industrial processes or products), and construction
sites (disturbed soil and debris). Untreated stormwater
is unsafe because it includes toxic organics, heavy
metals, bacteria, viruses, nutrients, oil and grease,
pesticides and herbicides, and suspended solids all
of which are harmful to salmon, orcas, blue herons
and other threatened species.
In
contrast, only 10% of impaired waterways in Puget
Sound result from the discharge of manufacturing
process water from point source, industrial permit
holders. Although the review, monitoring and enforcement
of these National Pollutant Discharge and Elimination
System (NPDES) permits have been the traditional
focus of the Puget Soundkeeper Alliance (PSA), we
decided as a result of our recent 7-month strategic
planning process that PSA could make the biggest
gains for water quality in Puget Sound, by addressing
the regulation of stormwater. PSA intends, however,
to continue to review, monitor, patrol and enforce
key NPDES permits in coordination with the Baykeeper
Network.
Ecology
does not currently require stormwater permit holders
to meet water quality standards for pollutants in
stormwater. Stormwater pollutants are regulated through
four Ecology-issued stormwater general permits: the
Industrial, Construction, Municipal Phase I and Municipal
Phase II permits. Phase I permit holders include
King, Pierce, Snohomish and Clark Counties, the cities
of Seattle, Tacoma, and the Washington Department
of Transportation. Phase II permit holders cover
all cities and counties with populations under 100,000.
Water quality standards determine “safe” levels
of toxic and conventional pollutant discharges. It
is important to note that NPDES permit holders discharging
manufacturing process water are already required
to meet water quality standards.
Decisions
about the regulation of stormwater discharges are
being made now! All four stormwater general permits
that control stormwater discharges will be written,
issued for public comment and implemented in the
next 1-18 months, depending upon the permit. There
is significant pressure on Ecology from the business
community and municipalities to maintain the status
quo, which means no limits on stormwater discharges,
no monitoring, and no reporting.
PSA
appealed the Industrial and Construction General
Stormwater Permits in December 2000. We are currently
in settlement negotiations with Ecology and the Association
of Washington Businesses on the Industrial Stormwater
General Permit and are expecting gains for water
quality.
Action
Plan
Each
of the four-stormwater permits is on a different
timeline, but all need attention now. The earlier
PSA can be involved in the process of writing the
permits, the better chances we have to achieve our
goals. The Soundkeeper and legal intern are the in-house
staff assigned to the permits. In addition, a legal
firm has been retained to work on the legal aspects
of the industrial, construction and municipal stormwater
permits. Additional technical expertise will be needed
this year to provide technological options for stormwater
regulation. The significant milestones include the
issuance of each of the final stormwater permits,
which are anticipated for the industrial, construction
and municipal phase I permits. The permit language
will determine whether PSA decides to appeal the
permits. The following are the major tasks identified
for achievement of our goals:
- Obtain
stormwater permit language that complies with
the Clean Water Act.
- Build
a constituency that supports stormwater regulation.
- Appeal
final stormwater permits that fail to comply
with the Clean Water Act.
- Monitor
compliance with final stormwater permits.
- Monitor
and disclose The Department of Ecology’s
stormwater enforcement record.
- Enforce
the Clean Water Act by filing 60-day notices
of intent to file suit.
- Identify
possible legal action to enforce the new
stormwater permits.
- Continue
to identify NPDES permit violators and file
notices of intent to file suit where appropriate.
- Support
strategy by increasing legal resources.
