Issuance Date:  January 17, 2007
Effective Date:  February 16, 2007
Expiration Date: February 15, 2012

PHASE I MUNICIPAL STORMWATER PERMIT

National Pollutant Discharge Elimination System and
State Waste Discharge General Permit
for discharges from
Large and Medium Municipal Separate Storm Sewer Systems

STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
OLYMPIA, WASHINGTON 98504-7600

In compliance with the provisions of
The State of Washington Water Pollution Control Law
Chapter 90.48 Revised Code of Washington
and
The Federal Water Pollution Control Act
(The Clean Water Act)
Title 33 United States Code, Section 1251 et seq.

Until this permit expires, is modified, or revoked, Permittees that have properly obtained
coverage under this permit are authorized to discharge to waters of the state in accordance
with the special and general conditions which follow.



_______________________________________
David C. Peeler, Manager
Water Quality Program
Department of Ecology

Phase I Municipal Stormwater Permit

TABLE OF CONTENTS
SPECIAL AND GENERAL CONDITIONS
S1.   PERMIT COVERAGE AND PERMITTEES .................................................................... 1
S2.   AUTHORIZED DISCHARGES......................................................................................... 2
S3.   RESPONSIBILITIES OF PERMITTEES .......................................................................... 3
S4.   COMPLIANCE WITH STANDARDS .............................................................................. 4
S5.   STORMWATER MANAGEMENT PROGRAM.............................................................. 6
S6.   STORMWATER MANAGEMENT PROGRAM FOR CO-PERMITTEES AND
SECONDARY PERMITTEES......................................................................................... 25
S7.   COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS........ 39
S8.   MONITORING................................................................................................................. 40
S9.   REPORTING REQUIREMENTS .................................................................................... 50
G1.   DISCHARGE VIOLATIONS .......................................................................................... 53
G2.   PROPER OPERATION AND MAINTENANCE............................................................ 53
G3.   NOTIFICATION OF SPILL............................................................................................. 53
G4.   BYPASS PROHIBITED................................................................................................... 53
G5.   RIGHT OF ENTRY.......................................................................................................... 53
G6.   DUTY TO MITIGATE..................................................................................................... 54
G7.   PROPERTY RIGHTS....................................................................................................... 54
G8.   COMPLIANCE WITH OTHER LAWS AND STATUTES............................................ 54
G9.   MONITORING................................................................................................................. 54
G10.  REMOVED SUBSTANCES ............................................................................................ 55
G11.  SEVERABILITY.............................................................................................................. 55
G12.  REVOCATION OF COVERAGE.................................................................................... 55
G13.  TRANSFER OF COVERAGE ......................................................................................... 56
G14.  GENERAL PERMIT MODIFICATION AND REVOCATION ..................................... 56
G15.  REPORTING A CAUSE FOR MODIFICATION OR REVOCATION ......................... 56
G16.  APPEALS ......................................................................................................................... 56
G17.  PENALTIES ..................................................................................................................... 57
G18.  DUTY TO REAPPLY ...................................................................................................... 57
G19.  CERTIFICATION AND SIGNATURE........................................................................... 57
G20.  NON-COMPLIANCE NOTIFICATION ......................................................................... 58
G21.  UPSETS ............................................................................................................................ 58
DEFINITIONS AND ACRONYMS ............................................................................................ 60




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Phase I Municipal Stormwater Permit

APPENDICES
APPENDIX 1. Minimum Technical Requirements for New Development and Redevelopment
APPENDIX 2. TMDL Requirements
APPENDIX 3. Annual Report Form for the Port of Seattle and the Port of Tacoma
APPENDIX 4. Annual Report Form for Secondary Permittees and Co-Permittees
APPENDIX 5. Notice of Intent
APPENDIX 6. Street Waste Disposal
APPENDIX 7. Determining Construction Site Sediment Damage Potential
APPENDIX 8. Urban Land Uses and Pollutant Generating Sources
APPENDIX 9. Laboratory Methods














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SPECIAL CONDITIONS
Notice: If Legislation related to this permit is passed into law, Ecology will, as necessary,
modify, revoke and re-issue, or terminate this permit to carry out Legislative requirements. Any
such modification will be in accordance with General Condition G14 General Permit
Modification and Revocation, and in accordance with the provisions of WAC 173-226-230.
S1. PERMIT COVERAGE AND PERMITTEES
A. Geographic Area of Permit Coverage
This permit covers discharges from Large and Medium Municipal Separate Storm
Sewer Systems (MS4s) as established at Title 40 CFR 122.26, except for municipal
separate storm sewers (MS3s) owned or operated by the Washington State Department
of Transportation. Large and medium MS4s include all MS3s located within cities or
counties required to have permit coverage.
For Secondary Permittees required to obtain coverage under this permit, the minimum
geographic area of coverage includes the portion of the MS4 which is located within
the unincorporated areas of Clark, King, Snohomish, and Pierce Counties and the
incorporated areas of the cities of Seattle and Tacoma.  Ecology may establish
additional geographic areas of coverage specific to an individual Secondary permittee.
B. The following Cities and Counties are covered under this permit as Permittees:
1. The City of Tacoma and the City of Seattle.
2. Clark, King, Pierce, and Snohomish Counties.
C. King County is covered as a Co-Permittee with the City of Seattle for discharges from
outfalls King County owns or operates within the City of Seattle.
D. Upon application and coverage in accordance with Special Condition S1.F., the
following entities are covered under this permit as Secondary Permittees:
1. Port of Seattle, excluding Seattle-Tacoma International Airport.
2. Port of Tacoma.
3. Active drainage, diking, flood control, or diking and drainage districts located in the
Cities or unincorporated portions of the Counties listed in S1.B. above, which own
or operate municipal separate storm sewers serving non-agricultural land uses.
4. Other owners or operators of municipal separate storm sewers located in the Cities
or unincorporated portions of the Counties listed in S1.B above.
E. Unless otherwise noted, the term "Permittee" includes Permittee, Co-Permittee, and
Secondary Permittee, as defined above in Special Conditions S1.B., S1.C. and S1.D.
F. Coverage for Secondary Permittees
1.  To obtain coverage under this permit, each Secondary Permittee identified under
Special Condition S1.D. shall either:

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a. Submit a Notice of Intent (NOI) and provide public notice of the application for
coverage in accordance with WAC 173-226-130. The NOI shall constitute the
application for coverage. Ecology will notify applicants in writing of their
status concerning coverage under this permit within 90 days of Ecology's
receipt of a complete NOI.
b. Submit a co-application jointly with a permittee named in S1.B. and provide
public notice of the application for coverage in accordance with WAC 173-226-
130. The co-application shall consist of an amendment to the Phase I Part 1,
and Part 2 permit applications. Ecology will notify applicants in writing of their
status concerning their co-application.
2.  Secondary Permittees required to get coverage under this permit, and the NPDES
and State Waste Discharge Permit for discharges from Small Municipal Separate
Storm Sewers in Western Washington and/or the NPDES and State Waste
Discharge Permit for discharges from Small Municipal Separate Storm Sewers in
Eastern Washington may obtain coverage by submitting a single NOI.
3.  NOIs and co-applications shall be submitted to:
Department of Ecology
Water Quality Program
Municipal Stormwater Permit Program
P.O. Box 47696
Olympia, WA 98504-7696
G. All MS4s and MS3s owned or operated by Permittees named in S1.B. and located in
another city or county area requiring coverage under this permit or either the Western
Washington Phase II Municipal Stormwater Permit or the Eastern Washington Phase II
Municipal Stormwater Permit are also covered under this permit.
S2. AUTHORIZED DISCHARGES
A. This permit authorizes the discharge of stormwater to surface waters and to ground
waters of the state from municipal separate storm sewers owned or operated by each
Permittee covered under this permit in the geographic area covered by this permit
pursuant to S1.A., subject to the following limitations:
1. Discharges to ground waters of the state through facilities regulated under the
Underground Injection Control (UIC) program, Chapter 173-218 WAC, are not
covered under this permit.
2. Discharges to ground waters not subject to regulation under the federal Clean Water
Act are covered in this permit only under state authorities, Chapter 90.48 RCW, the
Water Pollution Control Act.
B. This permit authorizes discharges of non-stormwater flows to surface waters and
ground waters of the state from municipal separate storm sewers owned or operated by
each Permittee covered under this permit, in the geographic area covered pursuant to
S1.A, only under the following conditions:

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1. The discharge is authorized by a separate individual or general National Pollutant
Discharge Elimination System (NPDES) permit; or
2. The discharge is from emergency fire fighting activities; or
3. The discharge from another illicit or non-stormwater discharge that is managed by
the Permittee as provided in Special Condition S5.C.8., S6.D.3., or S6.E.3.
4. These discharges are also subject to the limitations in S2.A.1. and S2.A.2. above.
C. This permit does not relieve entities that cause illicit discharges, including spills of oil
or hazardous substances, from responsibilities and liabilities under state and federal
laws and regulations pertaining to those discharges.
D. Discharges from municipal separate storm sewers constructed after the effective date of
this permit shall receive all applicable state and local permits and use authorizations,
including compliance with Chapter 43.21C RCW (the State Environmental Policy Act).
E. This permit does not authorize discharges of stormwater to waters within Indian
Reservations except where authority has been specifically delegated to Ecology by the
U.S. Environmental Protection Agency. The exclusion of such discharges from this
permit does not waive any rights the State may have with respect to the regulation of
the discharges.
S3. RESPONSIBILITIES OF PERMITTEES
A. Each Permittee, Co-Permittee and Secondary Permittee is responsible for complying
with the terms of this permit for the municipal separate storm sewers it owns or
operates.
1. Each Permittee, as listed in S1.B., is required to comply with all conditions of this
permit, except for S6. Stormwater Management Program for Co-Permittees and
Secondary Permittees.
2. King County, as a Co-Permittee, is required to comply with all conditions of this
permit except for S6.D. and S6.E.
3. The Port of Tacoma and the Port of Seattle, are required to comply with all
conditions of this permit except for S5. Stormwater Management Program and
conditions S6.D. and S6.F.
4. All other Secondary Permittees, except for the Port of Tacoma and the Port of
Seattle are required to comply with all conditions of this permit except for S5.
Stormwater Management Program and conditions S6.E., S6.F., and S8.C. through
S8.H.
B. Permittees may rely on another entity to satisfy one or more of the requirements of this
permit. Permittees that are relying on another entity to satisfy one or more or their
permit obligations remain responsible for permit compliance if the other entity fails to
implement the permit conditions. Where permit responsibilities are shared they shall be
documented as follows:

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1. Permittees and Co-Permittees that are continuing coverage under this permit shall
submit a statement that describes the permit requirements that will be implemented
by other entities. The statement must be signed by all participating entities. There
is no deadline for submitting such a statement, provided that this does not alter
implementation deadlines. Permittees and Co-Permittees may amend their
statement during the term of the permit to establish, terminate, or amend their
shared responsibilities statement, and submit the amended statements to Ecology.
2. Secondary Permittees shall submit an NOI that describes which requirements they
will implement and identify the entities that will implement the other permit
requirements in the area served by the Secondary Permittee's MS4. A statement
confirming the shared responsibilities, signed by all participating entities, shall
accompany the NOI. Secondary Permittees may amend their NOI, during the term
of the permit, to establish, terminate, or amend shared responsibility arrangements,
provided this does not alter implementation deadlines.
C. Unless otherwise noted, all appendices to this permit are incorporated by this reference
as if set forth fully within this permit.
S4. COMPLIANCE WITH STANDARDS
A. In accordance with RCW 90.48.520, the discharge of toxicants to waters of the State of
Washington which would violate any water quality standard, including toxicant
standards, sediment criteria, and dilution zone criteria is prohibited. The required
response to such violations is defined in section S4.F., below.
B. This permit does not authorize a violation of Washington State surface water quality
standards (Chapter 173-201A WAC), ground water quality standards (Chapter 173-200
WAC), sediment management standards (Chapter 173-204 WAC), or human healthbased
criteria in the national Toxics Rule (Federal Register, Vol. 57, NO. 246, Dec. 22,
1992, pages 60848-60923). The required response to such violations is defined in
section S4.F, below.
C. The Permittee shall reduce the discharge of pollutants to the maximum extent
practicable (MEP).
D. The Permittee shall use all known, available, and reasonable methods of prevention,
control and treatment (AKART) to prevent and control pollution of waters of the State
of Washington.
E. In order to meet the goals of the Clean Water Act, and comply with S4.A., S4.B., S4.C.
and S4.D., each Permittee shall comply with all of the applicable requirements of this
permit as defined in S3 Responsibilities of Permittees.
F. Required response to violations of Water Quality Standards pursuant to S4.A. and/or
S4.B:
1. Pursuant to G20 Non-Compliance Notification, the Permittee shall notify Ecology
in writing within 30 days of becoming aware that a discharge from the municipal
separate storm sewer is causing or contributing to a violation of Water Quality

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Standards. For ongoing or continuing violations, a single written notification to
Ecology will fulfill this requirement.
2. In the event that Ecology determines that a discharge from a municipal separate
storm sewer is causing or contributing to a violation of Water Quality Standards in
a receiving water, and the violation is not already being addressed by a Total
Maximum Daily Load or other water quality cleanup plan, Ecology will notify the
Permittee in writing that:
a.  Within 60 days of receiving the notification, or by an alternative date
established by Ecology, the Permittee shall review their Stormwater
Management Program and submit a report to Ecology. The report shall include:
i.  A description of the operational and/or structural BMPs that are currently
being implemented to prevent or reduce any pollutants that are causing or
contributing to the violation of Water Quality Standards, including a
qualitative assessment of the effectiveness of each BMP.
ii.  A description of additional operational and/or structural BMPs that will be
implemented to prevent or reduce any pollutants that are causing or
contributing to the violation of Water Quality Standards.
iii. A schedule for implementing the additional BMPs including, as appropriate:
funding, training, purchasing, construction, monitoring, and other
assessment and evaluation components of implementation.
b. Ecology will, in writing, either approve the additional BMPs and
implementation schedule or require the Permittee to modify the report. If
modifications are required, the Permittee shall submit a revised report to
Ecology.
c.  The Permittee shall implement the additional BMPs, pursuant to the schedule
approved by Ecology, beginning immediately upon receipt of written
notification of approval.
d. The Permittee shall include with each subsequent annual report a summary of
the status of implementation, and any information from assessment and
evaluation procedures collected during the reporting period.
e.  Provided the Permittee is implementing the approved BMPs, pursuant to the
approved schedule, the Permittee is not required to further modify the BMPs or
implementation schedule unless directed to do so by Ecology.
G. Ecology may modify or revoke and reissue this General Permit in accordance with G14
General Permit Modification and Revocation if Ecology becomes aware of additional
control measures, management practices or other actions beyond what is required in
this permit, that are necessary to:
1. Reduce the discharge of pollutants to the MEP;
2. Comply with the state AKART requirements; or
3. Control the discharge of toxicants to waters of the State of Washington.

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o  Low Impact Development techniques, including site design, pervious
paving, retention of forests and mature trees.
o  Stormwater treatment and flow control BMPs.
ii.  Each Permittee shall implement or participate in an effort to measure
understanding and adoption of the targeted behaviors by the targeted
audiences. The resulting measurements shall be used to direct education and
outreach resources most effectively as well as to evaluate changes in
adoption of the targeted behaviors.
iii. Each Permittee shall track and maintain records of public education
activities.
S6. STORMWATER MANAGEMENT PROGRAM FOR CO-PERMITTEES AND
SECONDARY PERMITTEES
A. This section applies to all Secondary Permittees, whether coverage under this Permit is
obtained individually, or as a Co-Permittee with a City and/or Town and/or County
and/or another Secondary Permittee.
1. To the extent allowable under state, federal and local law, all components are
mandatory for each Secondary Permittee covered under this permit, whether
covered as an individual Permittee or as a Co-Permittee.
2. Each Secondary Permittee shall develop and implement a stormwater management
program (SWMP). The SWMP shall be designed to reduce the discharge of
pollutants from regulated small MS4s to the maximum extent practicable and
protect water quality.
3. Unless an alternate implementation schedule is established by Ecology as a
condition of permit coverage, the SWMP shall be developed and implemented in
accordance with the schedules contained in this section and shall be fully developed
and implemented no later than180 days before the expiration date of this Permit.
Notwithstanding the schedules in this Permit, Secondary Permittees that are already
implementing some or all of the required SWMP components shall continue
implementation of those components.
4. Secondary Permittees may implement parts of their SWMP in accordance with the
schedule for cities, towns and counties in S5 Stormwater Management Program,
provided they have signed a memorandum of understanding or other agreement to
jointly implement the activity or activities with one or more jurisdictions listed in
S1.B., and submitted a copy of the agreement to Ecology.
5. Secondary Permittees and Co-Permittees shall prepare written documentation of the
SWMP. The SWMP documentation shall be organized according to the program
components and shall be updated at least annually for submittal with the Permittee's
annual reports to Ecology.
a.  For all Secondary Permittees except the Port of Seattle and the Port of Tacoma,
The SWMP documentation shall include:

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i.  A description of each of the program components included in S6.D.1.
through S6.D.6., and
ii.  Any additional actions necessary to meet the requirements of applicable
TMDLs pursuant to S7 Compliance with Total Maximum Daily Load
Requirements.
b. For the Port of Tacoma and the Port of Seattle the SWMP documentation shall
include:
i.  A description of each of the program components included in S6.E.1.
through S6.E.7., and
ii.  Any additional actions necessary to meet the requirements of applicable
TMDLs pursuant to S7 Compliance with Total Maximum Daily Load
Requirements. 
6. Conditions S6.A., S6.B., and S6.C. are applicable to all Co-Permittees and
Secondary Permittees covered under this permit. In addition:
a.  S6.D. is applicable to all Secondary Permittees except the Port of Seattle and the
Port of Tacoma. S6.D. does not apply to Permittees listed in S1.B., or S1.C.
b. S6.E. is applicable only to the Port of Seattle and the Port of Tacoma.
c.  S6.F. is applicable only to King County as a Co-Permittee with the City of
Seattle for MS4s owned by King County but located within the City of Seattle.
B. Coordination
The SWMP shall include mechanisms to encourage coordinated stormwater-related
policies, programs and projects within a watershed and interconnected MS4s. Where
relevant and appropriate, the SWMP shall also include coordination among
departments of the Secondary Permittee to ensure compliance with the terms of this
permit.
C. Legal Authority
To the extent allowable under state law and federal law, each Secondary Permittee shall
be able to demonstrate that it can operate pursuant to legal authority which authorizes
or enables the Secondary Permittee to control discharges to and from municipal
separate storm sewers owned or operated by the Secondary Permittee.
This legal authority may be a combination of statutes, ordinances, permits, contracts,
orders, interagency agreements, or similar instruments.
D. Stormwater Management Program for Secondary Permittees
The term "Secondary Permittees" means drainage, diking, flood control, or diking and
drainage districts, Ports (other than the Ports of Seattle and Tacoma, (see S6.E.)), public
colleges and universities, and any other owners or operators of municipal separate
storm sewers located within the municipalities that are listed as Permittees in S1.B.
The Stormwater Management Program (SWMP) for Secondary Permittees shall include
the following components:

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iv. External building maintenance. The O&M Plan shall address, building
exterior cleaning and maintenance including cleaning, washing, painting and
other maintenance activities.
v. Parks and open space. The O&M Plan shall address, but is not limited to:
proper application of fertilizer, pesticides, and herbicides; sediment and
erosion control; BMPs for landscape maintenance and vegetation disposal;
and trash management.
vi. Material storage areas, heavy equipment storage areas, and maintenance
areas. Secondary Permittees shall develop and implement a Stormwater
Pollution Prevention Plan to protect water quality at each of these facilities
owned or operated by the Secondary Permittee and not covered under the
General NPDES Permit for Stormwater Discharges Associated with
Industrial Activities or under another NPDES permit that covers stormwater
discharges associated with the activity.
vii. Other facilities that would reasonably be expected to discharge
contaminated runoff. The O&M Plan shall address proper stormwater
pollution prevention practices for each facility.
b. From the date of coverage under this Permit, Secondary Permittees shall also
have permit coverage for all facilities owned or operated by the Secondary
Permittee that are required to be covered under the General NPDES Permit for
Stormwater Discharges Associated with Industrial Activities.
c.  The O&M Plan shall include sufficient documentation and records as necessary
to demonstrate compliance with the O&M Plan requirements in S6.D.6.a.i.
through vii above.
d. Train all employees whose construction, operations, or maintenance job
functions may impact stormwater quality. The training shall address:
i.   The importance of protecting water quality,
ii.  The requirements of this Permit,
iii. Operation and maintenance requirements,
iv. Inspection procedures,
v.  Ways to perform their job activities to prevent or minimize impacts to water
quality, and
vi. Procedures for reporting water quality concerns, including potential illicit
discharges.
E. Stormwater Management Program for the Port of Seattle and Port of Tacoma
The Stormwater Management Program (SWMP) for the Port of Seattle and the Port of
Tacoma shall be developed and implemented in accordance with the schedules
contained in this section and shall be fully developed and implemented no later than
three years from the effective date of coverage.

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Notwithstanding the schedules for implementation of SWMP components contained in
this permit, Permittees that are already implementing some or all of the SWMP
components in this section shall continue implementation of those components of their
SWMP.
The SWMP for the Port of Seattle and the Port of Tacoma of shall include the
following components:
1. Education Program
The SWMP shall include an education program aimed at tenants and Port
employees. The goal of the education program is to reduce or eliminate behaviors
and practices that cause or contribute to adverse stormwater impacts.
Minimum Performance Measure
a. No later than 18 months after receiving coverage under this permit, the
Permittee shall make educational materials available to tenants and Port
employees whose job duties could impact stormwater.
2. Public Involvement and Participation 
No later than 180 days before the expiration date of this Permit, each Port shall:
a.  Publish a public notice in the local newspaper and solicit public review of its
SWMP.
b. Make the latest updated version of the SWMP available to the public. The
SWMP shall be posted on the Port's website.
3. Illicit Discharge Detection and Elimination 
The SWMP shall include a program to detect, remove and prevent illicit
connections and illicit discharges, including spills, into the municipal separate
storm sewers owned or operated by the Port.
Minimum Performance Measures
a.  From the date of permit coverage, comply with all ordinances, rules, and
regulations of the local jurisdiction(s) in which the Port district's MS3 is located
that govern non-stormwater discharges.
b. Develop and adopt appropriate policies prohibiting illicit discharges and illegal
dumping no later than one year from the date of permit coverage. Identify
possible enforcement mechanisms no later than one year from the date of permit
coverage and, no later than eighteen months from the date of permit coverage,
develop and implement an enforcement plan using these mechanisms to ensure
compliance with illicit discharge policies. These policies shall address, at a
minimum: illicit connections; non-stormwater discharges as defined below; and
spilling, dumping, or otherwise improperly disposing of hazardous materials,
pet waste, and litter.
i.   Non-stormwater discharges covered by another NPDES permit and
discharges from emergency fire fighting activities are allowed in the MS4 in
accordance with S2 Authorized Discharges.
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ii.  The policies do not need to prohibit the following categories of nonstormwater
discharges:
Diverted stream flows,
Rising ground waters,
Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20)),
Uncontaminated pumped ground water,
Foundation drains,
Air conditioning condensation,
Irrigation water from agricultural sources that is commingled with urban
stormwater,
Springs,
Water from crawl space pumps,
Footing drains, and
Flows from riparian habitats and wetlands.
iii. The policies shall prohibit the following categories of non-stormwater
discharges unless the stated conditions are met:
Discharges from potable water sources, including water line flushing,
hyperchlorinated water line flushing, fire hydrant system flushing, and
pipeline hydrostatic test water. Planned discharges shall be dechlorinated
to a concentration of 0.1 ppm or less, pH-adjusted if
necessary, and volumetrically and velocity controlled to prevent
resuspension of sediments in the MS4.
Discharges from lawn watering and other irrigation runoff. These
discharges shall be minimized through, at a minimum, public education
activities and water conservation efforts conducted by the Secondary
Permittee and/or the local jurisdiction.
Dechlorinated swimming pool discharges. The discharges shall be
dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and
reoxygenated if necessary, and volumetrically and velocity controlled to
prevent resuspension of sediments in the MS4. Swimming pool cleaning
wastewater and filter backwash shall not be discharged to the MS4.
Street and sidewalk wash water, water used to control dust, and routine
external building wash down that does not use detergents. The Ports of
Seattle and Tacoma shall reduce these discharges through, at a
minimum, public education activities and/or water conservation efforts
conducted by the Port and/or the local jurisdiction. To avoid washing
pollutants into the MS4, the amount of street wash and dust control
water used shall be minimized. At active construction sites, street
sweeping shall be performed prior to washing the street.
Other non-stormwater discharges shall be in compliance with the
requirements of a stormwater pollution prevention plan reviewed by the
Permittee which addresses control of such discharges.

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iv. The SWMP shall, at a minimum, address each category in iii above in
accordance with the conditions stated therein.
v.  The SWMP shall further address any category of discharges in ii or iii above
if the discharge is identified as a significant source of pollutants to waters of
the State.
c.  The SWMP shall include an ongoing program for gathering, maintaining, and
using adequate information to conduct planning, priority setting, and program
evaluation activities for Port-owned properties. The following information will
be gathered and retained:
i.  Mapping of known municipal separate storm sewer outfalls, and maps
depicting land use for property owned by the Port, and all other properties
served by municipal separate storm sewers known to and owned or operated
by the Port. The mapping shall be completed within 2 years of receiving
coverage under this permit.
ii.  Mapping of tributary conveyances, and the associated drainage areas of
municipal separate storm sewer outfalls owned or operated by the Port, with
a 24 inch nominal diameter or larger, or an equivalent cross-sectional area
for nonpipe systems. The mapping shall be completed within 2 years of
receiving coverage under this permit.
iii. To the extent consistent with national security laws and directives, each Port
shall make available to Ecology upon request, GIS data layers generated by
the Port depicting outfall locations, land use, tributary conveyances and
associated drainage areas of outfalls owned or operated by the Port. The
preferred format of submission will be an electronic format with fully
described mapping standards. An example description is provided at
Ecology's website.
iv. No later than 24 months after receiving coverage under this permit, develop
and implement a program to document operation and maintenance records
for stormwater facilities covered under this permit. The information shall be
available for inspection by Ecology.
v. Upon request, and to the extent consistent with national security laws and
directives, mapping information and operation and maintenance records
shall be provided to the City or County in which the Port is located.
d. Conduct field inspections and visually inspect for illicit discharges at all known
outfalls that discharge to surface waters. Visually inspect at least one third (on
average) of all known outfalls each year beginning no later than 24 months from
the date of permit coverage. Develop and implement procedures to identify and
remove any illicit discharges. Keep records of inspections and follow-up
activities.
e.  180 days before the expiration date of this Permit, develop and implement a spill
response plan that includes coordination with a qualified spill responder.

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f.  Provide staff training or coordinate with existing training efforts to educate
relevant staff on proper best management practices for preventing spills and illicit
discharges.
4. Construction Site Stormwater Runoff Control 
The SWMP shall include a program to reduce pollutants in stormwater runoff from
construction activities under the functional control of the Permittee.
Minimum performance measures:
a. Comply with all relevant, rules, and regulations of the local jurisdiction(s) in
which the Port is located that govern construction phase stormwater pollution
prevention measures. Within one year of the effective date of coverage, and to
the extent allowed by local ordinances, rules, and regulations, comply with the
applicable minimum technical requirements for new development and
redevelopment contained in Appendix 1.
b. When applicable, seek and obtain coverage under the General NPDES Permit
for Stormwater Discharges Associated with Construction Activities.
c.  Coordinate with the local jurisdiction regarding projects owned and operated by
other entities which discharge into interconnected MS3s, to assist the local
jurisdiction with achieving compliance with all relevant ordinances, rules, and
regulations of the local jurisdiction(s).
d. Provide training or coordinate with existing training efforts to educate port staff
responsible for implementing construction stormwater erosion and sediment
control BMPs and requirements, or hire trained contractors to perform the work.
e.  Coordinate as requested with Ecology or the local jurisdiction to provide access
for inspection of construction sites or other land disturbances that are under the
control of the Port during the active grading and/or construction period.
5. Post-Construction Stormwater Management for New Development and
Redevelopment 
The SWMP shall include a program to address post-construction stormwater runoff
from new development and redevelopment projects. The program shall establish
controls to prevent or minimize water quality impacts.
Minimum performance measures:
a.  Comply with all relevant ordinances, rules and regulations of the local
jurisdiction(s) in which the Port is located that govern post-construction
stormwater pollution prevention measures, including proper operation and
maintenance of the MS3. Within one year of the effective date of permit
coverage, and to the extent allowed by local ordinances, rules, and regulations,
comply with the applicable the minimum technical requirements for new
development and redevelopment contained in Appendix 1.
b. Coordinate with the local jurisdiction regarding projects owned and operated by
other entities which discharge into interconnected MS3s, to assist the local

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jurisdiction in achieving compliance with all relevant ordinances, rules, and
regulations of the local jurisdiction(s).
6.  Operation and Maintenance Program
The SWMP shall include an operation and maintenance program for all stormwater
treatment and flow control facilities, and catch basins to ensure that BMPs continue
to function properly.
Minimum Performance Measures:
a. Each Port shall prepare an operation and maintenance manual for all stormwater
BMPs that are under the functional control of the Permitte and which discharge
stormwater to its MS3, or to an interconnected MS3.
(i) The O&M manual shall be completed no later than 2 years after receiving
coverage under this permit. A copy of the manual shall be retained in the
appropriate Port department.
(ii) The operation and maintenance manual shall establish facility-specific
maintenance standards that are as protective, or more protective than those
specified in Chapter 4 of Volume V of the 2005 Stormwater Management
Manual for Western Washington. For existing stormwater facilities which
do not have maintenance standards, the Permittee shall develop a
maintenance standard.
(iii)The purpose of the maintenance standard is to determine if maintenance is
required. The maintenance standard is not a measure of the facility's
required condition at all times between inspections. Exceeding the
maintenance standards between inspections and/or maintenance is not a
permit violation. Maintenance actions shall be performed within the time
frames specified in S6.E.6.b.ii.
b. The Port will manage maintenance activities to inspect all stormwater BMPs
listed in the O&M manual annually, and take appropriate maintenance action in
accordance with the O&M manual.
(i) The Permittee may change the inspection frequency to less than annually,
provided the maintenance standards are still met. Reducing the annual
inspection frequency shall be based on maintenance records of double the
length of time of the proposed inspection frequency. In the absence of
maintenance records, the Permittee may substitute written statements to
document a specific less frequent inspection schedule. Written statements
shall be based on actual inspection and maintenance experience and shall be
certified in accordance with G19 Certification and Signature.
(ii)Unless there are circumstances beyond the Permittees control, when an
inspection identifies an exceedence of the maintenance standard,
maintenance shall be performed:
Within 1 year for wet pool facilities and retention/detention ponds.
Within 6 months for typical maintenance.

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Within 9 months for maintenance requiring re-vegetation, and
Within 2 years for maintenance that requires capital construction of
less than $25,000.
Circumstances beyond the Permittee's control include denial or delay of
access by property owners, denial or delay of necessary permit approvals,
and unexpected reallocations of maintenance staff to perform emergency
work. For each exceedence of the required timeframe, the Permittee shall
document the circumstances and how they were beyond their control.
c. The Port shall provide appropriate training for Port maintenance staff.
d. The Port will maintain records of inspections and maintenance activities.
7. Source Control in existing Developed Areas
The SWMP shall include the development and implementation of one or more
Stormwater Pollution Prevention Plans (SWPPPs). A SWPPP is a documented plan
to identify and implement measures to prevent and control the contamination of
discharges of stormwater to surface or ground water. SWPPP(s) shall be prepared
and implemented for all Port-owned lands that are not covered by either a General
Permit or an individual NPDES permit issued by Ecology that covers stormwater
discharges.
Minimum Performance Measures
a. SWPPP(s) shall be developed within 24 months of receiving coverage under
this permit.
b. The SWPPP(s) shall include a facility assessment including a site plan,
identification of pollutant sources, and description of the drainage system.
c. The SWPPP(s) shall include a description of the BMPs used or proposed for use
by the Permittee. Stormwater BMPs shall be selected from the 2005
Stormwater Management Manual for Western Washington (or an equivalent
Manual approved by Ecology). Implementation of non-structural BMPs shall
begin immediately after the pollution prevention plan is developed. A schedule
for implementation of structural BMPs shall be included in the SWPPP(s).
d. The Port shall maintain a list of sites covered by the SWPPP(s) required under
this permit. At least 15% of the listed sites shall be inspected annually, and
80% of the total number of listed properties shall be inspected by 180 days
before the expiration date of the permit.
e. The SWPPP(s) shall include policies and procedures to reduce pollutants
associated with the application of pesticides, herbicides and fertilizer.
f.  The SWPPP(s) shall include measures to prevent, identify and respond to illicit
discharges, including illicit connections, spills and improper disposal.
Immediately upon becoming aware of a spill into the drainage system owned or
operated by the Port, the Port shall notify the City or County it is located in, and
notify Ecology.

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g. The SWPPP(s) shall include a component related to inspection and maintenance
of stormwater facilities and catch basins that is consistent with the Port's
Operation and Maintenance Program, as specified in S6.E.6. above.
8. Monitoring Program. Monitoring requirements for the Port of Seattle and Port of
Tacoma are included in Special Condition S8.
F. Stormwater Management Program for King County as a Co-Permittee
King County, as a Co-Permittee with the City of Seattle for the discharges from outfalls
King County owns or operates in the City, shall participate in the City of Seattle's
Stormwater Management Program in accordance with the Joint Stormwater
Management Program element of the Memorandum of Agreement between the City
and County dated September 25, 1995. The apportionment of responsibilities for
stormwater management within the City shall be governed solely by the MOA or its
amendment, provided the City's stormwater management program, including King
County participation, shall fully comply with Section S5 of this permit. Any
amendments to the MOA shall be approved by Ecology before becoming effective.
S7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS
The following requirements apply if an applicable Total Maximum Daily Load (TMDL) is
approved for stormwater discharges from MS4s owned or operated by the Permittee.
Applicable TMDLs are TMDLs which have been approved by EPA on or before the date
permit coverage is granted. All Permittees shall be in compliance with the requirements of
applicable TMDLs.
A. For applicable TMDLs listed in Appendix 2, affected Permittees shall comply with the
specific requirements identified in Appendix 2. Each Permittee shall keep records of
all actions required by this permit that are relevant to applicable TMDLs within their
jurisdiction. The status of the TMDL implementation shall be included as part of the
annual report submitted to Ecology.
Where monitoring is required in Appendix 2, the permittee shall conduct the
monitoring according to a Quality Assurance Project Plan (QAPP) approved by
Ecology.
B. For applicable TMDLs not listed in Appendix 2, compliance with this permit shall
constitute compliance with those TMDLs.
C. For TMDLs that are approved by EPA after this permit is issued, Ecology may
establish TMDL-related permit requirements through future permit modification if
Ecology determines implementation of actions, monitoring or reporting necessary to
demonstrate reasonable further progress toward achieving TMDL waste load
allocations, and other targets, are not occurring and shall be implemented during the
term of this permit or when this permit is reissued. Permittees are encouraged to
participate in development of TMDLs within their jurisdiction and to begin
implementation.

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S8. MONITORING
A. Except for the Port of Seattle and the Port of Tacoma, Secondary Permittees are not
required to conduct water sampling or other testing during the effective term of this
permit, with the following exceptions:
1. Any water quality monitoring required for compliance with TMDLs, pursuant to
section S7 Compliance with Total Maximum Daily Load Requirements and
Appendix 2 of this permit; and
2. Any sampling or testing required for characterizing illicit discharges pursuant to
section S6.D.3. of this permit.
B. Permittees shall provide the following information in each annual report:
1. A description of any stormwater monitoring or studies conducted by the Permittee
during the reporting period. If stormwater monitoring was conducted on behalf of
the Permittee, or if studies or investigations conducted by other entities were
reported to the Permittee, a brief description of the type of information gathered or
received shall be included in the annual report(s) covering the time period(s) during
which the information was received.
2. An assessment of the appropriateness of the BMPs identified by the Permittee for
each component of the SWMP; and any changes made, or anticipated to be made, to
the BMPs that were previously selected to implement the SWMP, and why.
3. Information required pursuant to S8.C.2. below.
C. The Permittees listed in S1.B., and the Port of Seattle, and the Port of Tacoma shall
develop and implement a long-term monitoring program.
1. The monitoring program shall include three components
a. Stormwater monitoring which is intended to characterize stormwater runoff
quantity and quality at a limited number of locations in a manner that allows
analysis of loadings and changes in conditions over time and generalization
across the Permittees' jurisdiction. Stormwater monitoring requirements are
outlined in S8.D.
b. Targeted stormwater management program effectiveness monitoring which is
intended to improve stormwater management efforts by evaluating at least two
stormwater management practices that significantly affect the success of or
confidence in stormwater controls. Stormwater management program
effectiveness monitoring requirements are outlined in S8.E.
c. BMP evaluation monitoring is intended to evaluate the effectiveness and
operation and maintenance requirements of stormwater treatment and
hydrologic management BMPs. BMP evaluation monitoring requirements are
outlined in S8.F.
2. Each of the components of the monitoring program shall include a Quality
Assurance Project Plan (QAPP). QAPPs shall be prepared in accordance with
Ecology's QAPP guidelines, available from Ecology's website. The monitoring

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program shall be developed by qualified staff or contractors with experience in
applying Ecology's or EPA's QAPP Guidelines.
All QAPPs shall be submitted to Ecology for review, in accordance with the
deadlines in S8.G. below. QAPPs for Stormwater Monitoring (S8.D.), and
Stormwater Treatment and Hydrologic Management BMP Evaluation Monitoring
(S8.F.) shall be reviewed and approved by Ecology prior to monitoring.
D. Stormwater Monitoring
1.  Stormwater monitoring site selection
a.  Stormwater monitoring sites shall have the tributary conveyance system and
drainage area mapped, and be suitable for permanent installation and operation
of flow-weighted composite sampling equipment. Permittees shall document
how sites are selected and the basin size based on comparison of the times of
concentration with rainfall durations for typical seasonal storms.
Each site must represent a discernible type of land use, but not a single
industrial or commercial complex. Ideally, to represent a particular land use, no
less than 80% of the area served by the outfall or conveyance will be classified
as having that land use. Permittees may move upstream in the conveyance
system to achieve the desired land use.
b. Counties shall monitor one outfall or conveyance representing each of the
following land uses: Commercial, Low density residential, and High density
residential.
c.  Cities shall monitor one outfall or conveyance representing each of the
following land uses: Commercial, High density residential, and Industrial.
d. The Ports of Seattle and Tacoma shall each monitor one outfall or conveyance.
2. Stormwater monitoring frequency and type of sampling
a.  Each stormwater monitoring site shall be sampled according to the following
frequency:
Seventy-five percent of the qualifying storms, up to a maximum of 15 storm
events per year, shall be sampled. Sampling must be distributed throughout the
year, approximately reflecting the distribution of rainfall between the wet and
dry seasons (75-85% of the samples collected during the wet season).
i.  The wet season is from October 1, through April 30. A qualifying wet
season storm event is defined as follows:
Rainfall volume: 0.10" minimum, no fixed maximum
Rainfall duration: No fixed minimum or maximum
Antecedent dry period: Less than 0.02" rain in the previous 24 hours
Inter-event dry period: 6 hours
ii.  The dry season is from May 1 through September 30. A qualifying dry
season storm event is defined as follows:

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Rainfall volume: 0.10" minimum, no fixed maximum
Rainfall duration: No fixed minimum or maximum
Antecedent dry period: less than 0.02" rain in the previous 72 hours
Inter-event dry period: 6 hours
b. Storm events shall be sampled using flow-weighted composite storm sampling.
Automatic samplers shall be programmed to begin sampling as early in the
runoff event as practical and to continue sampling past the longest estimated
time of concentration for the tributary area.
For storm events lasting less than 24 hours, samples shall be collected for at
least seventy-five percent (75%) of the storm event hydrograph. For storm
events lasting longer than 24 hours, samples shall be collected for at least
seventy-five percent 75% of the hydrograph of the first 24 hours of the storm.
Each composite sample must consist of at least 10 aliquots. Composite samples
with 7 to 9 aliquots are acceptable if they meet the other sampling criteria and
help achieve a representative balance of wet season/dry season events and storm
sizes.
Continuous flow recording of all storm events (not just sampled storm events) is
necessary for at least one year to establish a baseline rainfall/runoff relationship.
Precipitation and flow data shall be reported, and samples shall be analyzed and
results reported for the constituents/parameters listed below. Chemicals below
detection limits after two years of data analysis may be dropped from the
analysis. Refer to Appendix 9 for a listing of acceptable laboratory analysis
methods and target reporting limits.
i.  Precipitation event data including antecedent dry period and rainfall
distribution throughout the event, flow and hydrograph data including
sampled and total runoff time periods and volumes
ii.  Conventional Parameters Including: TSS, turbidity, Conductivity, Chloride,
Biochemical oxygen demand (BOD5), Hardness, and Methylene Blue
Activating Substances (MBAS).
iii. Bacteria: Fecal Coliform.
iv. Nutrients: Total phosphorus, Orthophosphate, Total kjeldahl nitrogen, and
Nitrate  nitrite.
v. Metals, including, at a minimum: total and dissolved copper, zinc, cadmium,
and lead; and mercury sampling in commercial and industrial land use areas.
vi. Organics: PAHs; phthalates.
vii. Pesticides including:
Herbicides: 2,4-D, MCPP, Triclopyr,
Insecticides: Diazinon, Malathion, Chlorpyrifos, Dichlobenil, Prometon
Fungicides: Pentachlorophenol

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c.  If the volume of stormwater sample collected from a qualifying storm is
insufficient to allow analysis for all parameters listed S8.D.2.b. above, the
sample shall be analyzed for as many parameters as possible in the following
priority order:
i.  All land use types: 1. TSS; 2. Conductivity; 3. MBAS; 4. Metals and
hardness;
ii.  Industrial/Commercial: 5. PAH's and phthalates; 6. Pesticides; 7. Nutrients
8. BOD5; and 9. Chlorides
iii. Residential: 5. Nutrients; 6. Pesticides; 7. PAH's and phthalates; 8. BOD5;
and 9. Chlorides
If insufficient sample exists to run the next highest priority pollutant, that
analysis should be bypassed and analyses run on lower priority pollutants in
accordance with the remaining priority order to the extent possible.
d. The seasonal first-flush shall be tested for toxicity. One composite sample from
each monitoring site shall be tested annually. A seasonal first-flush storm event
is an event in August or September, with at least a one-week antecedent dry
period. An EC50 and, if possible, an EC25 shall be reported for each test.
i.  Sampling and Reporting Requirements for seasonal first-flush toxicity tests
The Permittee shall submit all reports for toxicity testing in accordance
with the most recent version of Department of Ecology Publication #
WQ-R-95-80, Laboratory Guidance and Whole Effluent Toxicity Test
Review Criteria. Reports shall contain bench sheets and reference
toxicant results for test methods. If the lab provides the toxicity test data
in electronic format for entry into Ecology's database, then the Permittee
shall send the data to Ecology along with the test report, bench sheets,
and reference toxicant results.
The Permittee shall conduct the toxicity test using untreated stormwater
collected in accordance with section S8.D.2.b. above. The Permittee
must attempt to collect sufficient sample for the toxicity test and the
chemical analyses specified in S8.D.2. The Permittee must cool the
samples to 0  6 degrees Celsius during collection and send them to the
lab immediately upon completion. The lab must begin the toxicity
testing as soon as possible but no later than 36 hours after sampling was
completed.
The laboratory must conduct water quality measurements on all samples
and test solutions for toxicity testing as specified in the most recent
version of Department of Ecology publication # WQ-R-95-80,
Laboratory Guidance and Whole Effluent Toxicity Test Review Criteria.
Testing procedures should follow: Environment Canada, Pacific
Environmental Science Center, Environmental Toxicology Section, SOP
ID: RBTELS11.SOP, 1999. The test procedure may take advantage of
the smaller volume modification described in: Canaria, E.C., Elphick,

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J.R. and Bailey, H.C. 1999. A simplified procedure for conducting small
scale short-term embryo toxicity tests with salmonids is found in
Environ. Toxicol. 14:301-307.
Toxicity tests must meet quality assurance criteria in the most recent
versions of the Environment Canada manual EPS 1/RM/28 and the
Department of Ecology Publication #WQ-R-95-80, Laboratory
Guidance and Whole Effluent Toxicity Test Review Criteria. If test
results are determined to be invalid or anomalous by the Department,
testing must be repeated with freshly collected stormwater.
The Permittee may sample receiving water at the same time as the
stormwater and instruct the lab to measure the hardness of both and
increase the hardness of the stormwater sample to match the hardness of
the receiving water sample prior to beginning the toxicity test.
Otherwise, the Permittee must conduct whole effluent toxicity tests on
an unmodified sample of stormwater.
Control water and dilution water must be a moderately hard
reconstituted laboratory water or pristine natural water of sufficient
quality for good control performance.
The EC25 must be calculated using probit analysis. If probit analysis is
not appropriate for the data, then the EC50 must be calculated by the
trimmed Spearman-Karber procedure. Abbott's correction may be
applied to the data before deriving these point estimations. A minimum
of five (5) concentrations and a control must be used in the testing
ii.  Response to Toxicity. If the EC25 from any valid test is 100% stormwater or
less, the Permittee must implement a Toxicity Identification/Reduction
Evaluation (TI/RE) plan and submit a report to Ecology as part of the
Permittee's annual report. If a valid EC25 cannot be calculated for any test,
then the EC50 must be calculated and used instead of the EC25 to determine
if a TI/RE plan is required in accordance with this paragraph. The TI/RE
plan must be based on the results of the chemical analyses in accordance
with S8.D.2.b for the same volume of water, and a Gas
Chromatograph/Mass Spectrometer analysis of the yolks from the highest
test concentration (usually 100% sample). The report must explain how the
Permittee's stormwater management actions are expected to reduce
stormwater toxicity.
e.  Each storm event shall be sampled using grab samples for the following
constituents/parameters:
i.  Total Petroleum Hydrocarbons (TPH) using NWTPH-Gx and NWTPH-Dx.
(sample must be collected early in the storm event and skimmed from the
surface), and
ii.  Fecal coliform bacteria.

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f.  Annual sediment monitoring. Sediments samples shall be collected at each
stormwater monitoring site, or in the vicinity of each stormwater monitoring
site. Use of in-line sediment traps or similar collection system is preferred.
Sampling of receiving water sediment deposits is an alternative where approved
by Ecology.
i.  Sediment samples shall be analyzed for: total solids, grain size, total organic
carbon, copper, zinc, cadmium, lead, and mercury (mercury not necessary
for residential land use sites), PAHs, phthalates, phenolics, PCBs (not
necessary for residential sites), and pesticides.
ii.  Parameters that are below detection limits after two years of data may be
dropped from the analysis. A minimum of one independent sample per year
shall be collected.
iii. If the volume of sediment sample is insufficient to analyze for all of the
parameters listed above, the sample shall be analyzed for as many
parameters as possible in the following priority order:
All land use types: 1) Grain size; 2) Total organic carbon; 3) Hardness
and metals;
Industrial/Commercial: 4) PAH's and Phthalates; 5) Phenolics; 6)
PCB's; and 7) Pesticides.
Residential: 4) Pesticides; 5) PAH's and Phthalates; and 6) Phenolics
g. For each stormwater monitoring site calculate the Event Mean Concentrations
(EMCs), total annual pollutant load and the seasonal pollutant load for the wet
and dry seasons. The loadings shall be expressed as total pounds and as pounds
per acre, and must take into account potential pollutant load from base flow.
E. Targeted Stormwater Management Program Effectiveness Monitoring
1. Each Permittee shall conduct monitoring designed to determine the effectiveness of
the Permittee's SWMP at controlling a stormwater related problem directly
addressable by targeted actions in the SWMP. The stormwater management
program effectiveness monitoring component shall be designed to answer one of
each type of the following questions:
a.  The effectiveness of a targeted action (or narrow suite of actions), and
b. The effectiveness of achieving a targeted environmental outcome.
2. The monitoring shall at a minimum include stormwater, sediment or receiving
water monitoring of physical, chemical and/or biological characteristics. The
monitoring may also include data collection and analysis of other programmatic
measures of effectiveness such as surveys and polls. Monitoring to identify subbasin-specific
water quality problems and characterize discharges for planning
purposes may also be included.
3. For each of the two questions selected for monitoring, Permittees shall develop a
monitoring program containing the following elements:

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a.  Description of the targeted action/targeted environmental outcome and a
explanation of why it is significant to the Permittee, and if the problem is
significant to other stormwater managers;
b. Specific hypotheses about the targeted action/targeted environmental outcome
that will be tested by the monitoring problem;
c.  Specific parameters of attributes to be measured; and
d. Expected modifications to management actions depending on the outcome of
hypotheses testing.
F. Stormwater Treatment and Hydrologic Management Best Management Practice (BMP)
Evaluation Monitoring
1. Each Permittee listed in S1.B. and the Ports of Seattle and Tacoma shall conduct
full scale field monitoring to evaluate the effectiveness and operation and
maintenance requirements of stormwater treatment and hydrologic management
BMPs applied in their jurisdiction. A QAPP is required for each BMP and flow
reduction strategy being monitored.
2. Each Permittee listed in S1.B. shall monitor at least two treatment BMPs, at no less
than two sites per BMP. The Port of Seattle and the Port of Tacoma shall each
monitor at least one treatment BMP, at no less than two sites.
To ensure a range of BMP types are monitored, Ecology will restrict the total
number of monitoring sites for a BMP category to no more than four. BMPs shall
be selected from the following list:
a.  Basic Treatment Category: Biofiltration swale, Filter strip, Basic wetpond,
Treatment wetland, and Sand filter.
b. Metals/Phosphorus Treatment Category: Amended sand filter, Two facility
treatment train, Compost amended filter strips, Bioretention, and Large
wetpond.
c.  Oil Control Category: Linear sand filter, and Catch basin insert.
3. BMPs shall be designed in accordance with the 2005 Stormwater Management
Manual for Western Washington unless Ecology approves of an alternate design in
the QAPP review. Permittees may also petition Ecology to monitor a BMP that is
not on the above list.
4. Permittees must use appropriate sections of Ecology's guidance for "Evaluation of
Emerging Stormwater Treatment Technologies" (available on Ecology's website)
for preparing, implementing, and reporting on the results of the BMP evaluation
program.
The statistical goal is to determine mean effluent concentrations and mean percent
removals for each BMP type with 90 - 95% confidence and 75 - 80% power.
Permittees must use USEPA publication number 821-B-02-001, "Urban Stormwater
BMP Performance Monitoring," as additional guidance for preparing the BMP
evaluation monitoring, and must collect information pertinent to fulfilling the

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"National Stormwater BMP Data Base Requirements" in section 3.4.3. of that
document.
5. The parameters to be monitored in whole water at each test site include:
a.  For Basic, Enhanced, or Phosphorus treatment BMPs: Total suspended solids,
Particle size distribution, pH, Total and ortho-phosphorus, Hardness, and Total
and dissolved copper and zinc.
b. For Oil Control BMPs: Total suspended solids, Particle size distribution, pH,
NWTPH-Dx and Gx, and Oil sheen
6. Parameters to be monitored in accumulated sediment at each test site for Basic,
Enhanced, Phosphorus treatment, or Oil Control BMPs include: Percent total solids,
Grain size, Total volatile solids, NWTPH-Dx, Total phosphorous, and Total
cadmium, copper, lead, and zinc.
7. Each Permittee listed in S1.B. shall monitor the effectiveness of one flow reduction
strategy that is in use or planned for installation in their jurisdiction.
Monitoring of a flow reduction strategy shall include continuous rainfall and
surface runoff monitoring. Flow reduction strategies shall be monitored through
either a paired site study or against a predicted outcome.
G. Monitoring Program Development
Permittees may choose to develop one, two or all of the components of the monitoring
program, conduct the monitoring, and report results through an integrated, long-term,
water quality monitoring program in collaboration with other municipal stormwater
Permittees; or they may independently develop one, two, or all of the components of
the monitoring program, conduct the monitoring, and report results.
Collaborative monitoring programs may be developed by a third party (or parties) that
are not a Permittee, provided that the Permittee complies with the provisions of Special
Condition S3.B (relying on another entity to meet permit requirements).
The schedule for the development of monitoring programs is as follows:
1. Collaboratively developed monitoring programs.
a.  Permittees that intend to meet all or part of the monitoring requirements through
a collaborative process shall submit a statement to Ecology explaining their
commitment to the collaborative process no later than 6 months after the
effective date of this permit
b. The summary description of the monitoring program and QAPPs, as required,
shall be submitted to Ecology no later than 1.5 years after the effective date of
this permit. The monitoring program shall be submitted in both paper and
electronic form.
c.  Approved or final QAPPs shall be completed no later than 2 years after the
effective date of this permit, provided that this deadline will be extended by the
number of days by which Ecology exceeds 90 days for QAPP review.

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d. Full implementation of the monitoring program shall begin no later than 2.5
years after the effective date of this permit. The third party or parties selected to
develop the monitoring plan may continue to be utilized to collect and analyze
the data and to write the subsequent reports required under this permit.
e.  Final reports, including data and analysis for S8.F. Stormwater Treatment and
Hydrologic Management BMP Evaluation Monitoring Program that are
completed during the permit term shall be submitted to Ecology no later than
the fourth year annual report. The fourth year annual report shall also describe
Stormwater Treatment and Hydrologic Management BMP Evaluation
Monitoring programs that are still in progress at the end of the reporting period,
and the expected date for submittal of the final reports.
2. Independently developed monitoring programs.
a.  A summary description of the monitoring program and QAPPs, as required,
shall be submitted to Ecology no later than 1 year after the effective date of this
permit. The monitoring program shall be submitted in both paper and electronic
form.
b. Approved or final QAPPs shall be completed no later than 1.5 years after the
effective date of this permit, provided that this deadline shall be extended by the
number of days by which Ecology exceeds 90 days for QAPP review.
c.  Full implementation of the monitoring program shall begin no later than 2 years
after the effective date of this permit.
d. Final reports, including data and analysis for S8.F. Stormwater Treatment and
Hydrologic Management BMP Evaluation Monitoring Program completed
during the permit term shall be submitted to Ecology no later than the fourth
year annual report. The fourth year annual report shall also describe
Stormwater Treatment and Hydrologic Management BMP Evaluation
Monitoring programs that are still in progress at the end of the reporting period,
and the expected date for submittal of the final reports.
H. Monitoring Program Reporting Requirements
1. The stormwater monitoring report shall be submitted with the annual report each
year, beginning in 2009 for independent monitoring, and 2010 for collaborative
monitoring. Each report shall include all monitoring data collected during the
preceding period from January 1 through December 31. Each report shall also
integrate data from earlier years into the analysis of results, as appropriate.
Permittees that choose to participate in an integrated water quality monitoring
program shall submit a single integrated monitoring report. Reports shall be
submitted in both paper and electronic form and shall include:
a.  Stormwater Monitoring Reporting
i.  A summary including the location, land use, drainage area size, and
hydrology for each site,

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ii.  A comprehensive data and QA/QC report for each component of the
monitoring program, with an explanation and discussion of the results of
each monitoring project,
iii. The annual pollutant load for each site expressed in total pounds, and
pounds/acre, and
iv. The wet and dry season pollutant loads, expressed in total pounds, and
pounds/acre.
b. Stormwater Management Program Effectiveness Monitoring Reporting
i.  A summary of the purpose, design, and methods of the monitoring program,
ii.  The status of implementing the monitoring program,
iii. A comprehensive data and QA/QC report for each part of the monitoring
program, with an explanation and discussion of the results of each
monitoring project,
iv. An analysis of the results of each part of the monitoring program, including
any identified water quality problems or improvements or other trends in
stormwater or receiving water quality, and
v. Recommended future actions based on the findings.
c.  Stormwater Treatment and Hydrologic Management Best Management Practice
(BMP) Evaluation Monitoring Reporting
i.  A summary including the BMP type location, land use, drainage area size,
and hydrology for each site.
ii.  The status of implementing the monitoring program,
iii. A comprehensive data and QA/QC report for each part of the monitoring
program, with an explanation and discussion of the results of each
monitoring project,
iv. Performance data or flow reduction performance. Performance data for
treatment BMPs shall be reported consistent with:
The guidelines in appropriate sections of Ecology's guidance for
"Evaluation of Emerging Stormwater Treatment Technologies", and
USEPA publication number  821-B-02-00, "Urban Stormwater BMP
Performance Monitoring," including information pertinent to fulfilling
the "National Stormwater BMP Data Base Requirements" in section
3.4.3. of that document.
2. If the Permittee monitors any pollutant more frequently at monitoring stations
associated with the monitoring programs described in Section S8.D., S8.E., and
S8.F., then the results of this monitoring shall be included in the report. If the
Permittee conducts any other stormwater monitoring in addition to that required in
the required monitoring program, then it must provide a description of the
additional monitoring in the report.

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S9. REPORTING REQUIREMENTS
A. No later than March 31, of each year beginning in 2008, each Permittee shall submit an
annual report. The reporting period for the first annual report will be from the effective
date of this permit through December 31, 2007. The reporting period for all subsequent
annual reports shall be the previous calendar year.
B. Two printed copies and an electronic (PDF) copy of the annual report shall be
submitted to Ecology. All submittals shall be delivered to:
Department of Ecology
Water Quality Program
Municipal Stormwater Permits
P.O. Box 47696
Olympia, WA 98504-7696
C. Each Permittee is required to keep all records related to this permit and the SWMP for
at least five years. Except as required as a condition of the annual reports, records need
to be submitted to Ecology only upon request.
D. Each Permittee shall make all records related to this permit and the Permittee's SWMP
available to the public at reasonable times during business hours. The Permittee will
provide a copy of the most recent annual report to any individual or entity, upon
request.
1. A reasonable charge may be assessed by the Permittee for making photocopies of
records.
2. The Permittee may require reasonable advance notice of intent to review records
related to this permit.
E. The annual report for Permittees listed in S1.B. and S1.C.
Each annual report shall include the following:
1. A copy of the Permittee's current Stormwater Management Program as required by
S5.A.1.
2. For each component of the SWMP the Permittee shall include the following:
a.  Describe the current implementation status including whether the Permittee has
met the required implementation deadlines. If permit deadlines are not met,
Permittees shall report the reasons why the requirement was not met and how
the requirements will be met in the future.
b. Compare program implementation results to the performance standards
established in the permit.
c.  A summary of the number and nature of inspections performed by the Permittee
as required by S5.C.5., S5.C.7., and S5.C9.
d. A summary of the nature and number of official enforcement actions taken to
enforce provisions of this permit.
The above information shall be submitted in a format approved by Ecology.
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3. A summary of any actions taken by the Permittee pursuant to S4.F.
4. A summary of the status of any TMDL implementation requirements and any
associated monitoring as required by S7.A.
5. The Stormwater Monitoring Report required pursuant to S8.H.
6. Any reporting requirements associated with S8.B. not included elsewhere in the
annual report.
7. If the Permittee is relying on another governmental entity to satisfy any of the
obligations under this permit provide the name of the other entity and a description
of the permit requirements preformed by the other entity.
4. Notification of any annexations, incorporations or jurisdictional boundary changes
resulting in an increase or decrease in the Permittee's geographic area of permit
coverage during the reporting period, and implications for the SWMP.
5. The annual report shall include certification and signature pursuant to G19.D, and
notification of any changes to authorization pursuant to G19.C.
F. Annual Report for Secondary Permittees, except for the Port of Seattle and the Port of
Tacoma
All Secondary Permittees (except the Port of Seattle and the Port of Tacoma) shall
complete the Annual Report Form for Secondary Permittees (Appendix 4) and submit it
along with any supporting documentation to Ecology.
1. The Annual Report Form for Secondary Permittees is intended to summarize the
Permittees compliance with the conditions of this permit, including:
a.  Status of implementation of each component of the SWMP in section S6
Stormwater Management Program for Co-Permittees, and Secondary
Permittees, as applicable to the Permittee.
b. An assessment of the Permittee's progress in meeting the minimum
performance standards established for each of the minimum control measures of
the SWMP.
c.  A summary of the Permittee's evaluation of their SWMP, according to section
S8.B.2.
d. If applicable, notice that the MS4 is relying on another governmental entity to
satisfy any of the obligations under this permit.
e.  Updated information from the prior annual report plus any new information
received during the reporting period pursuant to S8.B.1 and S8.B.2.
f.  Certification and signature pursuant to G19.D, and notification of any changes
to authorization pursuant to G19.C.
2. Secondary Permittees shall include with the annual report a notification of any
jurisdictional boundary changes resulting in an increase or decrease in the
Permittee's geographic area of permit coverage during the reporting period, and
implications for the SWMP.

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G. Annual Report for the Port of Tacoma and the Port of Seattle
The annual report shall include the following:
1. A current copy of the Permittees Stormwater Management Plan as required by
S6.A.5.
2. Appendix 3  Annual Report Form for the Port of Seattle and the Port of Tacoma,
which in intended to summarizes the Permittees compliance with the conditions of
this permit including the status of implementation of each component of the SWMP
required by S6 Stormwater Management Program for Co-Permittees, and
Secondary Permittees, as applicable to the Permittee.
3. The Permittee's SWMP implementation schedule and plans for meeting permit
deadlines, and a discussion of the status of SWMP implementation to date. If
Permit deadlines are not met, or may not be met in the future, include reasons why,
corrective steps taken, and proposed, and expected dates that the deadlines will be
met.
4. The stormwater monitoring report required pursuant to S8.H.
5. Notification of any jurisdictional boundary changes resulting in an increase or
decrease in the Permittee's geographic area of permit coverage during the reporting
period, and implications for the SWMP.
6. If applicable, notice that the MS4 is relying on another governmental entity to
satisfy any of the obligations under this permit.
7. Updated information from the prior annual report plus any new information
received during the reporting period, according to S8.B.
8. Certification and signature pursuant to G19.D. and notification of any changes to
authorization pursuant to G19.C.








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GENERAL CONDITIONS

G1. DISCHARGE VIOLATIONS
All discharges and activities authorized by this permit shall be consistent with the terms
and conditions of this permit.
G2. PROPER OPERATION AND MAINTENANCE
The Permittee shall at all times properly operate and maintain all facilities and systems of
collection, treatment, and control (and related appurtenances) which are installed or used
by the Permittee for pollution control to achieve compliance with the terms and conditions
of this permit.
G3. NOTIFICATION OF SPILL
If a Permittee has knowledge of a spill into a municipal storm sewer which could constitute
a threat to human health, welfare, or the environment, the Permittee shall notify the
Ecology regional office and other appropriate spill response authorities immediately but in
no case later than within 24 hours of obtaining that knowledge. Spills which might cause
bacterial contamination of shellfish, such as might result from broken sewer lines, shall be
reported immediately to the Department of Ecology and the Department of Health,
Shellfish Program. The Department of Ecology's Regional Office 24-hr. number is 425
649-7000 for NWRO and 360 407-6300 for SWRO and the Department of Health's
Shellfish 24-hr. number is 360-236-3330.
G4. BYPASS PROHIBITED
The intentional bypass of stormwater from all or any portion of a stormwater treatment
BMP whenever the design capacity of the treatment BMP is not exceeded, is prohibited
unless the following conditions are met:
A. Bypass is: (1) unavoidable to prevent loss of life, personal injury, or severe property
damage; or (2) necessary to perform construction or maintenance-related activities
essential to meet the requirements of the Clean Water Act (CWA); and
B. There are no feasible alternatives to bypass, such as the use of auxiliary treatment
facilities, retention of untreated stormwater, or maintenance during normal dry periods.
"Severe property damage" means substantial physical damage to property, damage to the
treatment facilities which would cause them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss.
G5. RIGHT OF ENTRY
The Permittee shall allow an authorized representative of Ecology, upon the presentation of
credentials and such other documents as may be required by law at reasonable times:
A. To enter upon the Permittee's premises where a discharge is located or where any
records must be kept under the terms and conditions of this permit;

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B. To have access to, and copy at reasonable cost and at reasonable times, any records that
must be kept under the terms of the permit;
C. To inspect at reasonable times any monitoring equipment or method of monitoring
required in the permit;
D. To inspect at reasonable times any collection, treatment, pollution management, or
discharge facilities; and
E.  To sample at reasonable times any discharge of pollutants.
G6. DUTY TO MITIGATE
The Permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
G7. PROPERTY RIGHTS
This permit does not convey any property rights of any sort, or any exclusive privilege.
G8. COMPLIANCE WITH OTHER LAWS AND STATUTES
Nothing in the permit shall be construed as excusing the Permittee from compliance with
any other applicable federal, state, or local statutes, ordinances, or regulations.
G9. MONITORING
A. Representative Sampling: Samples and measurements taken to meet the requirements
of this permit shall be representative of the volume and nature of the monitored
discharge, including representative sampling of any unusual discharge or discharge
condition, including bypasses, upsets, and maintenance-related conditions affecting
effluent quality.
B. Records Retention: The Permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original recordings for
continuous monitoring instrumentation, copies of all reports required by this permit,
and records of all data used to complete the application for this permit, for a period of
at least five years. This period of retention shall be extended during the course of any
unresolved litigation regarding the discharge of pollutants by the Permittee or when
requested by Ecology. On request, monitoring data and analysis must be provided to
Ecology.
C. Recording of Results: For each measurement or sample taken, the Permittee shall
record the following information: (1) the date, exact place and time of sampling; (2) the
individual who performed the sampling or measurement; (3) the dates the analyses
were performed; (4) who performed the analyses; (5) the analytical techniques or
methods used; and (6) the results of all analyses.
D. Test Procedures: All sampling and analytical methods used to meet the monitoring
requirements specified in the approved stormwater management program shall conform
to the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained
in 40 CFR Part 136, unless otherwise specified in this permit or approved in writing by
Ecology.

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E. Flow Measurement: Where flow measurements are required by other conditions of this
Permit, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of
measurements of the volume of monitored discharges. The devices must be installed,
calibrated, and maintained to ensure that the accuracy of the measurements are
consistent with the accepted industry standard for that type of device. Frequency of
calibration shall be in conformance with manufacturer's recommendations or at a
minimum frequency of at least one calibration per year. Calibration records should be
maintained for a minimum of three years.
F. Lab Accreditation: Where data collection is required by other conditions of this Permit,
all monitoring data, except for flow, temperature, conductivity, pH, total residual
chlorine, and other exceptions approved by Ecology, shall be prepared by a laboratory
registered or accredited under the provisions of, Accreditation of Environmental
Laboratories, Chapter 173-50 WAC. Soils and hazardous waste data are exempted
from this requirement pending accreditation of laboratories for analysis of these media
by Ecology.
G. Additional Monitoring: Ecology may establish specific monitoring requirements in
addition to those contained in this permit by administrative order or permit
modification.
G10. REMOVED SUBSTANCES
With the exception of decant from street waste vehicles, the Permittee must not allow
collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in
the course of treatment or control of stormwater to be resuspended or reintroduced to the
storm sewer system or to waters of the state. Decant from street waste vehicles resulting
from cleaning stormwater facilities may be reintroduced only when other practical means
are not available and only in accordance with the Street Waste Disposal Guidelines in
Appendix 6.
G11. SEVERABILITY
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit shall
not be affected thereby.
G12. REVOCATION OF COVERAGE
The director may terminate coverage under this General Permit in accordance with Chapter
43.21B RCW and Chapter 173-226 WAC. Cases where coverage may be terminated
include, but are not limited to the following:
A. Violation of any term or condition of this general permit;
B. Obtaining coverage under this general permit by misrepresentation or failure to disclose
fully all relevant facts;
C. A change in any condition that requires either a temporary or permanent reduction or
elimination of the permitted discharge;

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D. A determination that the permitted activity endangers human health or the environment,
or contributes significantly to water quality standards violations;
E.  Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090;
F.  Nonpayment of permit fees assessed pursuant to RCW 90.48.465;
Revocation of coverage under this general permit may be initiated by Ecology or requested
by any interested person.
G13. TRANSFER OF COVERAGE
The director may require any discharger authorized by this general permit to apply for and
obtain an individual permit in accordance with Chapter 43.21B RCW and Chapter 173-226
WAC.
G14. GENERAL PERMIT MODIFICATION AND REVOCATION
This general permit may be modified, revoked and reissued, or terminated in accordance
with the provisions of WAC 173-226-230. Grounds for modification, revocation and
reissuance, or termination include, but are not limited to the following:
A. A change occurs in the technology or practices for control or abatement of pollutants
applicable to the category of dischargers covered under this general permit;
B. Effluent limitation guidelines or standards are promulgated pursuant to the CWA or
chapter 90.48RCW, for the category of dischargers covered under this general permit;
C. A water quality management plan containing requirements applicable to the category of
dischargers covered under this general permit is approved;
D. Information is obtained which indicates that cumulative effects on the environment
from dischargers covered under this general permit are unacceptable; or
E.  Changes made to State law reference this permit.
G15. REPORTING A CAUSE FOR MODIFICATION OR REVOCATION
A Permittee who knows or has reason to believe that any activity has occurred or will occur
which would constitute cause for modification or revocation and reissuance under
Condition G12, G14, or 40 CFR 122.62 shall report such plans, or such information, to
Ecology so that a decision can be made on whether action to modify, or revoke and reissue
this permit will be required. Ecology may then require submission of a new or amended
application. Submission of such application does not relieve the Permittee of the duty to
comply with this permit until it is modified or reissued.
G16. APPEALS
A. The terms and conditions of this general permit, as they apply to the appropriate class
of dischargers, are subject to appeal within thirty days of issuance of this general
permit, in accordance with Chapter 43.21B RCW, and Chapter 173-226 WAC.
B. The terms and conditions of this general permit, as they apply to an individual
discharger, can be appealed, in accordance with Chapter 43.21B RCW, within thirty
days of the effective date of coverage of that discharger. Consideration of an appeal of

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general permit coverage of an individual discharger is limited to the general permit's
applicability or nonapplicability to that individual discharger.
C. The appeal of general permit coverage of an individual discharger does not affect any
other dischargers covered under this general permit. If the terms and conditions of this
general permit are found to be inapplicable to any individual discharger(s), the matter
shall be remanded to Ecology for consideration of issuance of an individual permit or
permits.
D. Modifications of this permit can be appealed in accordance with Chapter 43.21B RCW
and Chapter 173-226 WAC.
G17. PENALTIES
40 CFR 122.41(a)(2) and (3), 40 CFR 122.41(j)(5), and 40 CFR 122.41(k)(2) are hereby
incorporated into this permit by reference.
G18. DUTY TO REAPPLY
The Permittee shall apply for permit renewal at least 180 days prior to the specified
expiration date of this permit.
G19. CERTIFICATION AND SIGNATURE
All applications, reports, or information submitted to Ecology shall be signed and certified.
A. All permit applications shall be signed by either a principal executive officer or ranking
elected official.
B. All reports required by this permit and other information requested by Ecology shall be
signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above and submitted to
Ecology, and
2. The authorization specifies either an individual or a position having responsibility
for the overall development and implementation of the stormwater management
program. (A duly authorized representative may thus be either a named individual
or any individual occupying a named position.)
C. Changes to authorization. If an authorization under General Condition G19.B.2 is no
longer accurate because a different individual or position has responsibility for the
overall development and implementation of the stormwater management program, a
new authorization satisfying the requirements of General Condition G19.B.2 must be
submitted to Ecology prior to or together with any reports, information, or applications
to be signed by an authorized representative.
D. Certification. Any person signing a document under this permit must make the
following certification:
"I certify under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gathered and evaluated the information submitted. Based
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on my inquiry of the person or persons who manage the system or those persons
directly responsible for gathering information, the information submitted is, to the best
of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine
and imprisonment for willful violations."
G20. NON-COMPLIANCE NOTIFICATION
In the event the Permittee is unable to comply with any of the terms and conditions of this
permit, including discharges from the Permittees MS4 which may cause a threat to human
heath or the environment, the Permittee must:
A. Take appropriate action to correct or minimize the threat to human health or the
environment or otherwise stop or correct the condition of noncompliance.
B. Notify Ecology of the failure to comply with the permit terms and conditions within 30
days of becoming aware of the non-compliance.
C. Notify Ecology immediately in cases where the Permittee becomes aware of a
discharge from the Permittees MS4 which may cause or contribute to an immanent
threat to human health or the environment.
G21. UPSETS
Permittees shall meet the conditions of 40 CFR 122.41(n) regarding "Upsets." The
conditions are as follows:
A. Definition. "Upset" means an exceptional incident in which there is unintentional and
temporary noncompliance with technology-based permit effluent limitations because of
factors beyond the reasonable control of the Permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation.
B. Effect of an upset. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology-based permit effluent limitations if the
requirements of paragraph (C) of this condition are met. Any determination made
during administrative review of claims that noncompliance was caused by upset, and
before an action for noncompliance, will not constitute final administrative action
subject to judicial review.
C. Conditions necessary for demonstration of upset. A Permittee who wishes to establish
the affirmative defense of upset shall demonstrate, through properly signed
contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and that the Permittee can identify the cause(s) of the upset;
2. The permitted facility was at the time being properly operated; and
3. The Permittee submitted notice of the upset as required in 40 CFR
122.41(l)(6)(ii)(B) (24-hour notice of noncompliance).

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4. The Permittee complied with any remedial measures required under 40 CFR
122.41(d) (Duty to Mitigate).
D. Burden of proof. In any enforcement proceeding, the Permittee seeking to establish the
occurrence of an upset has the burden of proof.

















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DEFINITIONS AND ACRONYMS
"40 CFR" means Title 40 of the Code of Federal Regulations, which is the codification of the
general and permanent rules published in the Federal Register by the executive departments
and agencies of the federal government.
"AKART" means All Known, Available and Reasonable methods of prevention, control and
Treatment. See also State Water Pollution Control Act, Chapter 90.48.010 and 90.48.520
RCW.
"All Known, Available and Reasonable methods of prevention, control and Treatment" refers to
the State Water Pollution Control Act, Chapter 90.48.010 and 90.48.520 RCW.
"Applicable TMDL" means a TMDL which has been approved by EPA on or before the date
permit coverage is granted.
"Beneficial Uses" means uses of waters of the state, which include but are not limited to: use for
domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and
wildlife maintenance and enhancement, recreation, generation of electric power and
preservation of environmental and aesthetic values, and all other uses compatible with the
enjoyment of the public waters of the state.
"Best Management Practices" are the schedules of activities, prohibitions of practices,
maintenance procedures, and structural and/or managerial practices approved by Ecology
that, when used singly or in combination, prevent oreduce the release of pollutants and other
adverse impacts to waters of Washington State.
"BMP" means Best Management Practice.
"Bypass" means the diversion of stormwater from any portion of a stormwater treatment facility.
"Certified Erosion and Sediment Control Lead" (CESCL) means an individual who is
knowledgeable in the principles and practices of erosion and sediment control. The CESCL
must have the skills to assess: the site conditions and construction activities that could impact
the quality of stormwater; and the effectiveness of erosion and sediment control measures
used to control the quality of stormwater discharges. The CESCL must have current
certification through an approved erosion and sediment control training program that meets
the minimum training standards established by Ecology.
"CESCL" means Certified Erosion and Sediment Control Lead.
"Component" or "Program Component" means the elements of the stormwater management
program listed in Special Condition S5 Stormwater Management Program for Permittees or
S6 Stormwater Management Program for Co-Permittees and Secondary Permittees.
"Co-Permittee" means an owner or operator of a municipal separate storm sewer that has coapplied
for permit coverage with another permittee, and that is only responsible for permit
conditions relating to the discharge for which it is operator. See also 40 CFR 122.26(b)(1).
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"CWA" means the federal Clean Water Act (formerly referred to as the Federal Water Pollution
Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as
amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. (6-483 and Pub. L. 97-117, 33 U.S.C. 1251
et.seq.
"Detailed Implementation Plan" means the formal TMDL implementation plan, also known as a
Water Quality Improvement Plan.
"DIP" means detailed implementation plan.
"Director" means the Director of the Washington State Department of Ecology, or an authorized
representative.
"Discharge" for the purpose of this permit, unless indicated otherwise, refers to discharges from
municipal separate storm sewers of the Permittees. See also 40 CFR 122.2.
"Entity" means a governmental body or a public or private organization.
"Equivalent document" means a technical stormwater management manual developed by a state
agency, local government or other entity that includes the Minimum Technical Requirements
in Appendix 1 of this permit and BMPs approved by Ecology.
"General Permit" means a permit which covers multiple dischargers of a point source category
within a designated geographical area, in lieu of individual permits being issued to each
discharger.
"Ground water" means water in a saturated zone or stratum beneath the surface of the land or
below a surface water body.
"Heavy equipment maintenance or storage yard" means an uncovered area where any heavy
equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers
are washed or maintained, or where at least five pieces of heavy equipment are stored on a
long term basis.
"Hyperchlorinated" means water that contains more than 10 mg/Liter chlorine.
"Illicit connection" means any man-made conveyance that is connected to a municipal separate
storm sewer without a permit, excluding roof drains and other similar type connections.
Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits,
inlets, or outlets that are connected directly to the munncipal separate storm sewer system.
"Illicit discharge" means any discharge to a municipal separate storm sewer that is not composed
entirely of storm water except discharges pursuant to a NPDES permit (other than the
NPDES permit for discharges from the municipal separate storm sewer) and discharges
resulting from fire fighting activities.


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"Industrial or Construction Activity" means manufacturing, processing or raw materials storage
areas at an industrial plant; or clearing, grading and/or excavation. These activities are
required to NPDES permit coverage in accordance with 40 CFR 122.26.
"Integrated Pest Management (IPM)" means a coordinated decision-making and action process
that uses the most appropriate pest control methods and strategy in an environmentally and
economically sound manner to meet agency programmatic pest management objectives. The
elements of integrated pest management include:
(a) Preventing pest problems;
(b) Monitoring for the presence of pests and pest damage;
(c) Establishing the density of the pest population, that may be set at zero, that can be
tolerated or correlated with a damage level sufficient to warrant treatment of the
problem based on health, public safety, economic, or aesthetic thresholds;
(d) Treating pest problems to reduce populations below those levels established by
damage thresholds using strategies that may include biological, cultural, mechanical,
and chemical control methods and that must consider human health, ecological
impact, feasibility, and cost-effectiveness; and
(e) Evaluating the effects and efficacy of pest treatments.
"Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed, and any form
of plant or animal life or virus, except virus, bacteria, or other microorganisms on or in a
living person or other animal or in or on processed food or beverages or pharmaceuticals,
which is normally considered to be a pest, or which the director of the department of
agriculture may declare to be a pest.
"Large Municipal Separate Storm Sewer System (Large MS4)" means all municipal Separate
Storm Sewers located in an incorporated place with a population of 250,000 or more, a
County with unincorporated urbanized areas with a population of 250,000 or more according
to the 1990 decennial census by the Bureau of Census. See also 40 CFR 122.26(b)(4).
"Low Density Residential Land Use" means, for the purpose of permit section S8, one dwelling
unit per 1-5 acres.
"Low Impact Development" (LID) means a stormwater management and land development
strategy applied at the parcel and subdivision scale that emphasizes conservation and use of
on-site natural features integrated with engineered, small-scale hydrologic controls to more
closely mimic pre-development hydrologic functions.
"Major Municipal Separate Storm Sewer Outfall" means a municipal separate storm sewer
outfall from a single pipe with an inside diameter of 36 inches or more, or its equivalent
(discharge from a single conveyance other than circular pipe which is associated with a
drainage area of more than 50 acres); or for municipal separate storm sewers that receive
stormwater from lands zoned for industrial activity (based on comprehensive zoning plans or
the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12
inches or more or from its equivalent (discharge from other than a circular pipe associated
with a drainage area of 12 acres or more). See also 40 CFR 122.26(b)(5).

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"Material Storage Facilities" means an uncovered area where bulk materials (liquid, solid,
granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means.
"MBAS" means Methylene Blue Activated Substances.
"Methylene Blue Activated Substances" are anionic surfactants, including linear alkylate
sulfonate and alkyl sulfate, which react with a chemical called methylene blue to form a bluechloroform-soluble
complex; the intensity of color is proportional to concentration
"Maximum Extent Practicable (MEP)" refers to paragraph 402(p)(3)(B)(iii) of the federal Clean
Water Act which reads as follows: Permits for discharges from municipal storm sewers shall
require controls to reduce the discharge of pollutants to the maximum extent practicable,
including management practices, control techniques, and system, design, and engineering
methods, and other such provisions as the Administrator or the State determines appropriate
for the control of such pollutants.
"Medium Municipal Separate Storm Sewer System (Medium MS4)" means all Municipal
Separate Storm Sewers (MS3s) located in an incorporated place with a population of more
than 100,000 but less than 250,000, or a county with unincorporated urbanized areas of more
than 100,000 but less than 250,000 according to the 1990 decennial census by the Bureau of
Census. See also 40 CFR 122.26(b)(7).
"Municipal Separate Storm Sewer (MS3)" means a conveyance, or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
(a) owned or operated by a state, city, town, borough, county, parish, district, association,
or other public body (created by or pursuant to State Law) having jurisdiction over
disposal of wastes, storm water, or other wastes, including special districts under
State Law such as a sewer district, flood control district or drainage district, or similar
entity, or an Indian tribe or an authorized Indian tribal organization, or a designated
and approved management agency under section 208 of the CWA that discharges to
waters of the United States;
(b) designed or used for collecting or conveying stormwater;
(c) which is not a combined sewer; and
(d) which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
CFR 122.2
"Municipal separate storm sewer system (MS4)" means all separate storm sewers that are
defined as large" or "medium" or "small" municipal separate storm sewer systems. See also
40 CFR 122.26(b)(18)
"National Pollutant Discharge Elimination System (NPDES)" means the national program for
issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits,
and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and
405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the
state from point sources. These permits are referred to as NPDES permits and, in Washington
State, are administered by the Washington Department of Ecology.

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"Notice of Intent" means the application for, or a request for coverage under a General NPDES
Permit pursuant to WAC 173-226-200.
"NPDES" means National Pollutant Discharge Elimination System.
"Outfall" means point source as defined by 40 CFR 122.2 at the point where a municipal
separate storm sewer discharges to waters of the State and does not include open
conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other
conveyances which connect segments of the same stream or other waters of the State and are
used to convey waters of the State.
"Permittee" means any Primary Permittee, Co-Permittee, or Secondary Permittee unless
specifically stated otherwise for a particular section of this permit.
"Physically Interconnected" means that one municipal separate storm sewer is connected to a
second municipal separate storm sewer in such a way that it allows for direct discharges to
the second system. For example, the roads with drainage systems and municipal streets of
one entity are physically connected directly to a municipal separate storm sewer belonging to
another entity
"Qualified Personnel" means staff members or contractors who have had professional training in
the aspects of stormwater management for which they are responsible and are under the
functional control of the Permittee.
"RCW" means the Revised Code of Washington State.
"Runoff" means water that travels across the land surface, or lateraly through the soil near the
land surface, and discharges to water bodies either directly or through a collection and
conveyance system. Runoff includes stormwater and water from other sources that travels
across the land surface. See also "Stormwater."
"Secondary Permittee" is an operator of municipal separate storm sewer which is not a city, town
or county. Secondary Permittees include special purpose districts and other public entities
identified in S1.D which operate municipal separate storm sewers.
"Shared Waterbodies" means waterbodies, including downstream segments, lakes and estuaries,
that receive discharges from more than one permittee.
"Significant contributor" means a discharge contributes a loading of pollutants considered to be
sufficient to cause or exacerbate the deterioration of receiving water quality or instream
habitat conditions.
"Stormwater" means runoff during and following precipitation and snowmelt events, including
surface runoff, drainage, and interflow.
"Stormwater Associated with Industrial and Construction Activity" means the discharge from
any conveyance which is used for collecting and conveying stormwater, which is directly
related to manufacturing, processing or raw materials storage areas at an industrial plant, or

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associated with clearing grading and/or excavation, and is required to have an NPDES permit
in accordance with 40 CFR 122.26.
"Stormwater facilities regulated by the Permittee" means permanent stormwater treatment and
flow control BMPs located in the geographic area covered by the permit and which are not
owned by the Permittee, and are known by the permittee to discharge into municipal separate
storm sewers owned or operated by the Permittee.
"Stormwater Management Manual for Western Washington" means the 5-volume technical
manual (Publication Nos. 05-10-029 through 05-10-033) published by Ecology in February
2005.
"Stormwater Management Program (SWMP)" means a set of actions and activities designed to
reduce the discharge of pollutants from the regulated small MS4 to the maximum extent
practicable and to protect water quality, and comprising the components listed in S5 or S6 of
this Permit and any additional actions necessary to meet the requirements of applicable
TMDLs.
"Total Maximum Daily Load" (TMDL) means a water cleanup plan. A TMDL is a calculation of
the maximum amount of a pollutant that a water body can receive and still meet water quality
standards, and an allocation of that amount to the pollutant's sources. A TMDL is the sum of
the allowable loads of a single pollutant from all contributing point and nonpoint sources.
The calculation must include a margin of safety to ensure that the water body can be used for
the purposes the state has designated. The calculation must also account for seasonable
variation in water quality. Water quality standards are set by states, territories, and tribes.
They identify the uses for each water body, for example, drinking water supply, contact
recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support
that use. The Clean Water Act, section 303, establishes the water quality standards and
TMDL programs.
"Urban/higher density rural sub-basins" means all areas within or proposed to be within the
urban growth area (UGA), or any sub-basin outside the UGA with 50% or more area
comprised of lots less than 5 acres.
"Vehicle Maintenance or Storage Facility" means an uncovered area where any vehicles are
regularly washed or maintained, or where at least 10 vehicles are stored.
"Water Quality Standards" means Surface Water Quality Standards, Chapter 173-201A WAC,
Ground Water Quality Standards, Chapter 173-200 WAC, and Sediment Management
Standards, Chapter 173-204 WAC.
"Waters of the state" includes those waters as defined as "waters of the United States" in 40 CFR
Subpart 122.2 within the geographic boundaries of Washington State and "waters of the
state" as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland
waters, underground waters, salt waters and all other surface waters and water courses within
the jurisdiction of the State of Washington.

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