Industrial stormwater permit

AN ACT Relating to establishing a presumption of compliance for 1
entities covered under the state's industrial stormwater general 2
permit under certain circumstances; adding a new section to chapter 3
90.48 RCW; creating a new section; and declaring an emergency.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. (1) The legislature finds that:6
(a) The department of ecology has the jurisdiction to control and 7
prevent the pollution of streams, lakes, rivers, ponds, inland 8
waters, salt waters, water courses, and other surface and underground 9
waters of the state of Washington. 10
(b) The department of ecology's authority is derived from the 11
federal clean water act as well as chapter 90.48 RCW.12
(c) Prior legislation acknowledged that the federal clean water 13
act (33 U.S.C. Sec. 1251 et seq.) requires certain larger industrial 14
facilities to obtain stormwater permits under the national pollutant 15
discharge elimination system permit program, and additionally, that 16
the department of ecology continues to use general permits to permit 17
categories of dischargers, including stormwater associated with 18
industrial activities. 19
(d) In 2004, the legislature required the department of ecology 20
to use an adaptive management approach to permitting stormwater 21
H-1122.1
HOUSE BILL 1937
State of Washington 69th Legislature 2025 Regular Session
By Representative Fey
Read first time 02/11/25. Referred to Committee on Environment &
Energy.
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discharges. This approach was intended to satisfy state and federal 1
water quality requirements while also providing for flexibility in 2
meeting such requirements to help ensure cost-effective stormwater 3
management. The department of ecology used adaptive management to 4
meet state and federal requirements, adopting in the industrial 5
stormwater general permit water quality-based effluent limits that 6
require escalating levels of source control and treatment best 7
management practices. 8
(e) The legislature, in former RCW 90.48.555, set out a 9
presumption of compliance with water quality standards for 10
dischargers under the construction and industrial stormwater general 11
permits. This presumption was adopted after recognizing that the 12
nature of stormwater presents unique challenges and difficulties in 13
meeting the permitting requirements under the federal clean water act 14
(33 U.S.C. Sec. 1251 et seq.) including compliance with technology 15
and water quality-based standards. 16
(f) The presumption of compliance in the industrial stormwater 17
general permit applies only to the department of ecology. As a 18
consequence, a regulated entity is subject to third-party enforcement 19
actions and litigation, even when a regulated entity has implemented 20
the department of ecology's water quality-based adaptive management 21
steps, obtained the department of ecology's approval of a treatment 22
response, and entered an agreed order with the department of ecology.23
(g) Stormwater sampling at marine transportation facilities can 24
in some circumstances pose unique challenges. The department of 25
ecology adopted a waiver mechanism in the industrial stormwater 26
general permit to evaluate feasibility issues, including safety 27
concerns, associated with sampling. The department of ecology has not 28
developed standards for complete waiver applications or standards for 29
granting waivers. Waiver approvals may be appealed and the permit's 30
sampling requirement remains in effect in the absence of a valid 31
permit modification. 32
(h) Regulated entities, and their employees, should not be 33
coerced into performing potentially unsafe work due to the threat of 34
litigation. 35
(2) It is the intent of the legislature to mitigate potential 36
adverse impacts associated with the implementation of the updated 37
industrial stormwater general permit. Those adverse impacts include, 38
but are not limited to: The threat of third-party litigation, the 39
health and safety of employees of regulated entities, and adverse 40
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impacts on business competitiveness including the loss of jobs and 1
tax revenue to competing states and counties. Furthermore, it is the 2
intent of the legislature to ensure that regulated entities can focus 3
their finite resources on reduction of environmental impact while 4
participating in corrective actions as opposed to utilizing resources 5
defending against enforcement actions. 6
NEW SECTION. Sec. 2. A new section is added to chapter 90.48 7
RCW to read as follows: 8
(1) Compliance by industrial stormwater general permit holders 9
with water quality standards shall be presumed, unless discharge 10
monitoring data or other site-specific information demonstrates that 11
a discharge causes or contributes to violation of water quality 12
standards, when the permittee is: 13
(a) In full compliance with all permit conditions, including 14
planning, sampling, monitoring, reporting, and recordkeeping 15
conditions and associated deadlines; and 16
(b) Fully implementing stormwater best management practices 17
contained in stormwater technical manuals approved by the department, 18
or practices that are demonstrably equivalent to practices contained 19
in stormwater technical manuals approved by the department, including 20
the proper selection, implementation, and maintenance of all 21
applicable and appropriate best management practices for on-site 22
pollution control. 23
(2) A permittee is again presumed in compliance with a 24
requirement to meet water quality standards when the permittee 25
notifies the department in writing within 30 days of becoming aware, 26
based on credible site-specific information that a discharge from the 27
facility caused or contributed to a potential violation of water 28
quality standards in the receiving water. In the written notification 29
provided under this subsection, the permittee shall, at a minimum, 30
identify the source of the site-specific information, describe the 31
nature and extent of the potential violation in the receiving water, 32
explain the reasons why the discharge is believed to have caused or 33
contributed to the problem, and the steps taken by the permittee to 34
address the issue following specific corrective action in accordance 35
with the industrial stormwater general permit and applicable 36
deadlines. For ongoing or continuing discharges, a single written 37
notification to the department fulfills this requirement.38
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(3) In the event that the department determines, based on a 1
notification provided by the permittee or through any other means, 2
that additional actions are required, the department must notify the 3
permittee in writing that the presumption of compliance will resume 4
following specific corrective action in accordance with the 5
industrial stormwater general permit and applicable deadlines, 6
unless: 7
(a) The department also determines that the potential violation 8
of water quality standards is already being addressed by a total 9
maximum daily load or other enforceable water quality cleanup plan; 10
or 11
(b) The department concludes the permittee's discharges will be 12
addressed through the implementation of other permit requirements.13
(4) Stormwater sampling at transportation facilities is not 14
required until the department has determined that the sampling 15
provisions in the industrial stormwater general permit can be 16
satisfied without endangering the health and safety of persons 17
conducting the sampling. In evaluating a sampling waiver application 18
the department shall determine, among other factors, whether the 19
sampling provisions in the industrial stormwater general permit can 20
be satisfied without endangering the health and safety of persons 21
conducting the sampling and modify those requirements as necessary to 22
ensure health and safety. In no event shall stormwater sampling be 23
required while a waiver authorized under the industrial stormwater 24
general permit is under department consideration or appeal.25
NEW SECTION. Sec. 3. This act is necessary for the immediate 26
preservation of the public peace, health, or safety, or support of 27
the state government and its existing public institutions, and takes 28
effect immediately.29
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