Ecology Issues NPDES Phase II Permit

The Washington State Department of Ecology (DOE) issued the NPDES Phase II Municipal Stormwater Permit, which will affect 101 cities throughout Washington, on January 17, 2007.The list of cities and an Issue Alert is available on AWC’s website at www.awcnet.org/documents/NPDESIssueAlert0107.pdf.

Information about the Permit, including workshops scheduled by DOE, can be found on their website at www.ecy.wa.gov/programs/wq/stormwater/municipal/index.html.

AWC has been working with a representative group of municipal stormwater managers and DOE during the almost five-year public process to develop what is required in the Permit. Proposals over the past year from AWC to DOE to help craft this Permit into one that cities can fully support have been met with mixed results. On most requirements, there is agreement. On a few significant ones, there is not.

The Permit will likely be appealed by multiple stakeholders, including cities. Interested cities, if they haven't already done so, should contact Dave Williams, davew@awcnet.org or Tim Gugerty, timg@awcnet.org at AWC no later than Wednesday, January 24.

Puget Sound Planning and Clean-Up Reorganization (SB 5372 / HB 1374)

Bills resulting from the work of the Governor’s Puget Sound Partnership have been introduced. SB 5372 was heard by the Senate Water, Energy and Telecommunications Committee on January 17. The House companion bill, HB 1374, is scheduled for a hearing before the Select Committee on Puget Sound at 10 am on Tuesday, January 23.

These bills essentially recreate a state agency (currently the Puget Sound Action Team, formerly the Puget Sound Water Quality Authority) to be called the Puget Sound Partnership.

The Partnership would be governed by a seven-member Council appointed by the Governor and confirmed by the Senate. The bills also create an Action Agenda designed to direct and coordinate efforts to restore the Sound to health by the year 2020. The Agenda would impact Puget Sound-related activities in King, Pierce, Snohomish, Kitsap, Mason, Jefferson, Thurston, Skagit, Whatcom, Island and San Juan counties and most of the cities within them.

The bills are long and complex and will be further accompanied by bills directing how state funds will be allocated, monitored and evaluated, such as SB 5286 (not yet scheduled for a hearing).

It is not yet clear how the Partnership is intended to impact state grant or loan funding to a wide variety of both Puget Sound-related and non-Puget Sound-related activities of cities and counties. Furthermore, AWC has asked proponents a series of questions about how any such entity and its plan would impact locally-adopted plans such as those under the Growth Management Act and the Shorelines Management Act. AWC has also asked about impacts to city authorities and responsibilities in operating and managing stormwater, sewer, and/or water utilities.

Proponents and bill sponsors indicate that the bill is a work in progress, and small working and negotiating groups are likely to be established soon.

AWC is consulting with a number of cities on their read of these important bills and will soon post more information about them on our website. Until then, interested cities may contact either Dave Williams at davew@awcnet.org or Tim Gugerty at timg@awcnet.org if more information is needed.

Residential Burn Ban in Smaller Cities

AWC will seek to pass legislation that would continue the exemption of smaller cities in Growth Management Act (GMA) counties from the residential burn ban. The burn ban was the result of legislation enacted in 1991, as part of the state’s Clean Air Act. That legislation, subsequently amended, delayed the burn ban for smaller communities until January 1, 2007. As of January 1, 2007, cities of under 5,000 in GMA counties are now subject to the residential burn ban. Cities of under 10,000, located in non-GMA counties remain exempt from the burn ban. A list of those cities can be found on AWC’s website at www.awcnet.org/smallcityburnban.

AWC will seek passage of legislation that would extend the residential burn ban to cities of under 5,000 and their Urban Growth Areas, in GMA counties. AWC will also seek to establish a working group to include city representatives to explore an appropriate rationale for exemptions from the residential burn ban.

If you have questions on this issue please contact Tim Gugerty at timg@awcnet.org.

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