Ecology seeks comments on draft general permit for industrial stormwater

Attend one of the six workshops around the state

When rain or snow melt run off surfaces such as rooftops, paved streets, highways, and parking lots, we call it stormwater. Stormwater can pick up pollutants that contaminate local water bodies and potentially harm fish and other aquatic life. We use stormwater permits to protect the water quality of Washington’s lakes, rivers, and marine waters.



An example of one of the 1,200 industrial sites in Washington
that fall under the general permit.

Stormwater can also pick up pollutants from factories and businesses. The Industrial Stormwater General Permit helps ensure industrial facilities meet federal and state regulations to protect Washington’s water quality. Industrial facilities that are similar in their processes and types of stormwater runoff fall under this general permit. We require many types of industrial sites in Washington to monitor, measure, and reduce stormwater pollution leaving their facilities.

We update the Industrial Stormwater General Permit every five years. As part of this process, we invite the public to give feedback on the proposed draft permit from May 1 until June 29, 2019.

What are the proposed changes?

We are proposing to add two new business sectors, based on public input during the last permit update and our experience with facilities in these categories. Businesses in these new sectors would need to apply for coverage under the industrial permit. We expect this will add about 50 new permitees.

• Heavy machinery rental yards that handle large earthmoving equipment, heavy trucks, log loaders, etc. This excludes businesses that provide equipment rental for home use. This category is of concern as it involves machinery stored and repaired outside and has the potential to cause oil, metals, and other pollution from the equipment and maintenance activities to go into the stormwater system. 
• Marine Construction storage facilities where construction materials and machinery are stored and maintained. This would not cover construction that occurs in marine waters, but does cover land-based storage yards. Pollutants of concern are metals, oil, solids, and other pollutants based on location and type of construction.

Other permit changes include:

An example of a clean log yard using good bark management.

• Changing the timing of First Fall Storm Event sampling– this is the first precipitation event leading to discharge of stormwater after the dry season. Pollutants generally accumulate over the dry season and are washed out during the first fall storms, making it important data to catch. Based on climate data for the state, we propose to move the timing of when to begin monitoring for the First Fall Storm Event from October 1, to September 1.
• Revising requirements for Consistent Attainment – If businesses consistently meet their benchmarks over two years, they may be able to reduce monitoring to once a year for three years. We are proposing to require one fourth quarter sample to verify that permittees are still meeting the requirements for reduced monitoring.

A full list of changes between the last permit and the new draft permit can be found in the permit factsheet.

Listening to stakeholders throughout the process

We received feedback from many stakeholders during early engagement on this update process. From June to November 2018, we held several listening sessions in eastern and western Washington and gathered email and online comments with specific input. We considered these comments as we developed the draft permit.

How to comment

An example of a clean site using source control over equipment.
See the overhang on the building on the right that prevents stormwater
contact with outdoor equipment

We have now opened our formal comment period, and we invite comments on the draft documents from May 1 through June 29, 2019. You can find the draft permit and supporting documents, as well as other information on our webpage. You can submit comments using our online comment system.

We will also hold a series of workshops and public hearings, during which you can learn about the proposed changes to the permit and provide formal comment. Information on workshops and public hearings can be found on our public events page.

Once we close the comment period, we will review and respond to comments. Our response to comments will be included in the final permit documents. We intend to make a final decision on updating the permit in Fall 2019.

Preventing runoff pollution

When we cover the land with hardened surfaces like roads, parking lots, sub-divisions and shopping malls, we restrict its ability to soak up water and naturally filter out pollution. To allow for businesses to grow we provide tools to help people, businesses, and local governments manage their runoff pollution.  Learn more about stormwater runoff and what you can do about it.

Reclaimed water in Sammamish Valley to benefit community

A new reclaimed water permit reminds us to use the right water for the right use

All water on earth is recycled, thanks to nature. Several sewage treatment plants in Washington are using their own process, instead of nature’s, to produce high-quality reclaimed water suitable for local use. Although reclaimed water has been around in Washington for more than 20 years, Ecology issued the state’s first administrative rule last year – the Reclaimed Water Rule (WAC 173-219). All new and reissued permits now follow our new requirements.

Reclaimed — or recycled — water starts out as domestic wastewater, but is then highly-treated through systems designed to produce water that is safe for many beneficial uses. King County’s Brightwater treatment plant is designed to be the largest reclaimed water producer in the state. Brightwater will receive one of the first new permits issued under the new reclaimed water rule and will be effective on May 1, 2019. The permit renews authority we granted to King County in 2011 to produce, distribute, and use reclaimed water. It also adds requirements based on the new rule. King County supplies reclaimed water from the Brightwater treatment plant for landscape irrigation at the Brightwater Education Center, at a golf course, a soccer complex, and a tree farm in the Sammamish valley. Water is also supplied for toilet flushing at the Brightwater Education Center. 

The Brightwater facility serves 67 square miles, stretching from the north end of Lake Sammamish to the City of Mill Creek in Snohomish County. The facility treats sewage from about 205,000 residents as well as wastewater from local businesses and factories. This relatively new facility was built to help with the population growth in the area and to help prevent overflow into Lake Washington.

 

Many facilities are using reclaimed water to meet community water needs

In late December 2018, we reissued a permit under the new rule to the Holmes Harbor Sewer District. This small facility outside of Freeland on Whidbey Island exclusively produces reclaimed water to use for irrigation of the Holmes Harbor Golf Course. During the winter, when the golf course does not need the water, the facility stores the reclaimed water in large lagoons until the summer.   

We currently have 29 facilities across the state producing reclaimed water (see map below) for a variety of irrigation uses, groundwater recharge, and other environmental benefits such as wetland enhancement. Over the next year we will work on renewing the permits for more than half of those facilities. Also, several other communities across the state are looking at adding reclaimed water as one of their tools meet their long-term water needs.

Reclaimed Water Rule first anniversary

After an extensive public process that started in 2006, we finalized the Reclaimed Water Rule in early 2018. This collaborative effort with the State Department of Health (Health) relied on many important partners across the state, including existing reclaimed water producers, tribal representatives, water utility representatives, consultants from engineering and other technical areas, and interested residents. After finalizing the rule, we worked with many of the same partners to complete our guidance manual for reclaimed water facilities – a document we call the Purple Book. 

We work with Heath to protect public health and the environment as we implement the new rule. We work together in reviewing proposals for new reclaimed water projects and in the development of permits for new and existing facilities. Safeguards in the new rule and in the reclaimed water permits are designed to match the water quality requirements with the planned uses. This ensures that water used in public areas is safe for public contact, while allowing use of lower quality water in areas with restricted access. The safeguards also protect drinking water sources by preventing cross-connections for reclaimed water to mix with drinking water supplies.

How is reclaimed water treated so it is safe?

Modern sewage treatment plants do a good job at removing most of the stuff people flush down a toilet or send to a sewer system. They typically remove more than 85% of the solids and biodegradable pollutants that enter the facility and disinfect the water to kill most pathogens. While the treated wastewater is generally safe to discharge and meets appropriate water quality standards, it is not necessarily safe to reuse, especially in areas with direct public contact.

Reclaimed water facilities take the treated domestic wastewater and apply higher levels of treatment to remove more solids and destroy more pathogens. The highest class of reclaimed water – Class A – is processed through filtration systems to remove nearly all solids and disinfected to a level that removes 99.99% of the viruses that may be in treated domestic wastewater. The high level of treatment is enough to turn what was once a wastewater into something that is no longer a waste – it is now a valuable resource ready for a beneficial use.

Brightwater Treatment Plant uses a process called a
Membrane Bioreactor or MBR to produce
Class A reclaimed water.

Reclaimed water treatment processes may differ across the state but there are two common types of treatment – filtration through sand or filter fabrics and filtration using membranes. These systems are followed by disinfection using intense ultraviolet light or chlorine. King County’s Brightwater Treatment Plant uses a process called a Membrane Bioreactor or MBR to produce Class A reclaimed water. This process combines typical treatment processes for a modern sewage treatment plant with an ultrafine membrane to produce water that is free of most pollutants.

By using the right water for the right use, reclaimed water is one way that Washington can help preserve our water supplies. If you are interested in receiving updates on reclaimed water in Washington, sign up for our listserv.

Visit King County’s reclaimed water website for more information on their facilities. 

New permit for wineries helps protect water quality

We have worked together with the Washington's wineries to develop the first statewide water quality permit for wineries, called the Winery General Permit. This permit establishes practices for managing winery wastewater. The permit is scheduled to take effect July 1, 2019.

Helping Washington wineries be more sustainable

Washington is the second-largest wine-producing state in the nation. Because the wine production in Washington has increased greatly over the past decade, we decided to develop a general permit that establishes good waste management practices.

This permit will help protect our waters from potential pollution. A general permit allows businesses that have a similar function to have a unified approach. Instead of each winery applying for water quality permits separately, they can apply for coverage under the one statewide general permit.

General permits simplify the permitting process – which saves both the facility and the state time and resources.

Working with the wine industry to create a solid permit

Since 2014, we have worked closely with Washington’s wineries and industry experts to get to know Washington’s diverse wine industry. We learned about wineries’ current waste management systems and listened to concerns about complying with a new permit.

We included flexibility, compliance options, benchmarks, and scaled requirements for small producers and existing facilities. For more about our collaboration with the wine industry and stakeholders see the permit development history on our website.

Why is winery wastewater a concern for water quality?

The wastewater made from winemaking facilities has the potential to contaminate ground water, which is where many Washingtonians get their drinking water.

Contamination can occur if a winery’s septic tank and drainfield system fails, if their wastewater lagoon leaks, or if they use too much untreated wastewater to irrigate their crops. Winery wastewater can have high amounts of organic matter and solids, and extreme pH ranges.

Wastewater discharges like those from winemaking facilities can:

• Pollute groundwater aquifers that supply drinking water and the water used to make wine.
• Kill aquatic organisms.
• Overwhelm wastewater treatment plants causing untreated sewage to be discharged to Puget Sound and rivers.

Check out our website for more info: www.ecology.wa.gov/winerypermit

Who needs coverage under the new permit?

Wineries may need coverage under the permit if they discharge more than 53,505 gallons of wastewater in a typical calendar year. Specifically, these wineries will need coverage if they discharge winery process wastewater:

• To a wastewater treatment plant.
• As irrigation to managed vegetation.
• To a lagoon or other liquid storage structure.
• As road dust abatement.
• To a subsurface infiltration system.
• To an infiltration basin.

What’s next?

Before the permit is effective (July 1, 2019), we will hold workshops to inform winery representatives how to:

• Apply for permit coverage.
• Inspect their facilities.
• Document their progress.
• Implement best management practices.
• Report using Ecology’s web portal.

Join our winery email listserv to receive updates, notices, and other information. 

By: Stacy Galleher, Water Quality communications specialist

Give your input on Washington’s first statewide water quality permit for wineries

The Winery General Permit will ensure Washington wineries
protect water quality as they cultivate sustainable practices.

We are proposing a new statewide water quality permit for wineries, called the Winery General Permit. This permit will establish practices for managing winery wastewater. The comment period opens today and we will accept comments until Feb. 14, 2018.

We are also holding four public hearings: two online webinars, one in-person meeting in Eastern Washington, and one in-person meeting in Western Washington. See below for more details.

Helping Washington wineries be more sustainable

Washington is the second-largest wine-producing state in the nation. Because the wine production in Washington has increased greatly over the past decade, we decided to develop a general permit that establishes good waste management practices.

Washington state is the second-largest
producer of wine in the United States. 

This permit will help protect our waters from potential pollution. A general permit allows businesses that have a similar function to have a unified approach. Instead of each winery applying for water quality permits separately, they can apply for coverage under the one statewide general permit.

General permits simplify the permitting process – which saves both the facility and the state time and resources.

Working with the wine industry to create a solid permit

We have been working with the wine industry since 2014. We formed an advisory group to advise us. We heard from representatives of wineries that the vast majority of Washington wineries have very low annual production volumes and are already heavily regulated.

In the proposed draft we included flexibility, compliance options, benchmarks, and scaled requirements for small producers and existing facilities. The draft permit focuses on best management practices and data collection.

Wineries protect water quality and the environment
when they properly manage their wastewater.

Why is winery wastewater a concern for water quality?

The wastewater made from winemaking facilities has the potential to contaminate groundwater, which is where many Washingtonians get their drinking water.

Contamination can occur if a winery’s septic tank and drainfield system fails, if their wastewater lagoon leaks, or if they use too much untreated wastewater to irrigate their crops. Winery wastewater can have high amounts of organic matter and solids, and extreme pH ranges.

Wastewater discharges like those from winemaking facilities can:

• Pollute groundwater aquifers that supply drinking water and the water used to make wine.
• Kill aquatic organisms.
• Overwhelm wastewater treatment plants causing untreated sewage to be discharged to Puget Sound and rivers.

How can you comment?

You can find the documents on our website. We are accepting comments from Nov. 1, 2017 to Feb. 14, 2018 on the:

• Draft Winery General Permit
• Revised Fact Sheet
• Notice of Intent (application)
• Economic Impact Analysis

Join us online at one of our webinars:

• Wednesday, Jan. 24, 2018 at 10:30 a.m.
  Register to join the morning webinar
• Wednesday, Jan. 24, 2018 at 6:00 p.m
  Register to join the evening webinar

Join us for in-person hearings:

Prosser	Bellevue
Tuesday, Jan. 30 at 10:30 a.m. Benton County P.U.D. - Prosser 250 Gap Road Prosser, WA 99336	Friday, Feb. 2 at 1:30 p.m. South Bellevue Community Center 14509 SE Newport Way Bellevue, WA 98006

Submit written comments

We will accept written comments on the draft permit, fact sheet, and supporting documentation until 11:59 p.m. on Feb. 14, 2018. We prefer comments be submitted through our online comment form. Comments should reference specific permit text when possible.

Submit comments

• Online via the e-Comment form
• By mail:
  Stacey Callaway
  Washington State Department of Ecology
  P.O. Box 47696
  Olympia, WA 98504-7696

What’s next?

We will respond to comments and include them as an appendix in the fact sheet of the permit. If comments cause a large change in the permit, we may hold another public comment period. If there are no major changes, we expect to issue the permit in the summer of 2018.

Check out our website for more info: www.ecology.wa.gov/winerypermit

By: Stacy Galleher, Water Quality communications specialist
and Stacey Callaway, Water Quality permit writer

Ecology has received a new request to use Imidacloprid to control burrowing shrimp

We are evaluating a new application requesting permission to use the pesticide Imidacloprid to control burrowing shrimp in Willapa Bay and Grays Harbor. The application was filed by about a dozen oyster farmers from the Willapa Grays Harbor Oyster Growers Association, who propose to use the pesticide to treat tide lands to support their aquaculture practices.

We are now in the process of evaluating the environmental impacts of the proposal – which we will request your comments and suggestions on when we issue our draft environmental report at the end of this summer.

Similar to previous permit request 

This request for a permit is similar to – but not the same as – an earlier permit application to use Imidacloprid to control burrowing shrimp. The previous permit application process ended in 2015, but following public concern over the permit, the growers withdrew it, and the permit was never used.

About a dozen of the oyster growers from the earlier permit process have now applied for a new permit.

Environmental review

Process to complete environmental review
and permit application processing.
Click image to see larger version.

We are evaluating this proposal to understand the negative impacts it could have on the environment. We’re preparing an additional environmental study to inform our decision of whether to deny the permit application or to develop a draft permit approval.

We prepared an Environmental Impact Statement for the 2015 permit process, and we will supplement it with the most up-to-date research and information available. We will develop what’s called a Supplemental Environmental Impact Statement – it will build on the environmental review from 2015.

Where are we in the environmental review process?

We’re still early in the review process. Right now we are analyzing new research and information that wasn’t available to us when we prepared the 2015 Environmental Impact Statement. This will go into a new draft report, which we will publish for public review and comments.

Even though we’re not ready for official public comments yet, we encourage anyone who wishes to share their views on the applications, or Ecology’s action moving forward, to contact us. Also, if you have information you want to ensure we consider for our supplemental environmental review, please send it to us.

Please share views, information, or comments with us on our website.

Public comment period

Once we have a draft Supplemental Environmental Impact Statement prepared, we’ll open a 45-day public comment period. This will be the time to review and comment on the draft environmental report. We’ll also host several public meetings on the draft report in key locations across western Washington.

We will use what we learn during the public comment period to finalize the Supplemental Environmental Impact Statement. This is a crucial step in our environmental review required under the State Environmental Policy Act (SEPA).

What’s changed since the previous permit request?

This is a new request for a permit, but we’re building on information learned from the 2015 process. Some examples of new or different information we are taking into consideration include:

• Acreage
  Today, there are fewer farmers applying for a permit. The applicants propose treating less acreage – 485 acres in Willapa Bay and 15 acres in Grays Harbor – as opposed to 2,000 acres across the two bays in the previous permit. 
• Method
  The method of applying the pesticide has changed. The growers propose spraying Imidacloprid from boats or ground equipment rather than helicopter. 
• Best available science
  The U.S. Environmental Protection Agency (EPA) released a new risk assessment on the environmental impacts of Imidacloprid, and neonicotinoids, generally, in December 2016. Health Canada and the European Food Safety Authority have also recently released similar risk assessments. This and other new research will contribute to our supplemental environmental review. 

Our role regulating Washington’s environment

Ecology regulates the quality of Washington’s waters. Any discharges of pollution to state waters must obtain a permit from the federal EPA called the National Pollution Discharge Elimination System permit. EPA delegates the responsibility of managing these requests within Washington to Ecology. The purpose of this permit is to ensure that pollution does not rise to a level which causes harm to people or the environment.

Sediments contain much of the aquatic life that makes up the base of the food web essential to healthy estuaries. These organisms are important food for salmon, sturgeon, and many other species. Beyond affecting just the overlying water, this permit request to use Imidacloprid to control burrowing shrimp will impact the sediment where the pesticide is applied.

Because of this, the growers applying for the permit must also get two Sediment Impact Zones approved. This is to ensure the proposed use doesn’t violate Washington Sediment Management Standards. The permit and Sediment Impact Zone determinations combined will address requirements necessary to protect Willapa Bay and Grays Harbor for a multitude of uses.

If we authorize Sediment Impact Zones – one for Willapa Bay and one for Grays Harbor – we would set requirements for how:

• Imidacloprid may be applied to the sediment
• The applicants ensure that the impact is contained only to the designated zones
• The area is monitored after the discharge occurs

The state Sediment Management Standards protect Washington’s benthic environment. That is, we recognize that it’s important to protect both the overlying waters and the grounds underneath. These rules work to reduce – and ultimately eliminate – sources of pollution that harm the ecosystem and make people sick.

A view of scenic Willapa Bay from our marine monitoring research program.
Photo by: Christopher Krembs/Ecology

Working toward a healthier Washington

A cornerstone of work at Ecology is to continually reduce pollution, and to work toward more protective permit conditions.

For this specific permit to be issued, a process called Integrated Pest Management must be followed. This is the practice of continually working toward managing burrowing shrimp more sustainably, and without chemicals. We have been supportive of research into alternative control methods and will continue to support future efforts.

Stay informed

You can follow this permitting process and get the most up-to-date information by subscribing to our Aquatic Pesticide Permits listserv or checking our Burrowing Shrimp Control webpage frequently. We will also publish updates to our blog as we have new information.

By: Jessie Payne, water quality communications manager

Finding a balanced approach for aquatic plant management

Yellow flag iris has made this drainage ditch unusable.

We are now accepting comments on our environmental review of chemicals used to manage aquatic plants and algae covered by two of our general water quality permits. These chemicals are used to manage noxious weeds, nuisance plants, and algae in and around water.

Our draft environmental study reviews eight new chemicals, five alternatives for management, and updates information on other chemicals currently covered under the permits. We're seeking your feedback now through June 6.

Click here to review the environmental study and submit your comments.

Environmental management:
the balancing act

Sometimes, protecting the environment requires us to choose between two imperfect options. Just as you might turn to cold medicine to treat your body when you’re sick, we permit the use of some chemicals to help maintain the health of our waterways.

Noxious weeds are non-native plants that are highly destructive, competitive, or difficult to control. Nuisance plants are native, but they are growing in an area – or density – that causes damage the surrounding environment. These plants choke irrigation ditches, cover our lakes in green slime, and can be a risk to public health. While we work hard to keep chemicals out of Washington waters, we allow them under very specific circumstances to help manage these plants and algae.

Caring for the environment is a delicate balancing act. Our permits require people to use management solutions that have the least environmental impact among reasonably available options. Over the years, we’ve found chemicals sometimes can be the least invasive solution to control the plants and algae that throw off our natural balance.

Evaluating the chemicals covered by our water quality permits

We issue permits that allow the use of chemicals to conditionally treat noxious weeds, native nuisance plants, and algae in and around water. Two of these permits cover the use of chemicals in Washington waters. These are the Aquatic Plant and Algae Management and Aquatic Noxious Weed Control general permits. Our scientific review allows us to determine if we should – or should not – allow specific chemicals under our permits.

For these permits, we’ve evaluated:

Algae under a microscope.

• Algaecides - A chemical compound that kills or reduces the growth of algae or cyanobacteria (known as toxic algae or blue-green algae).
• Herbicides - A chemical compound that kills or inhibits the growth of plants.
• Phosphorus inactivation products - Products used to bind phosphorus in the water column and sediments making it unavailable to aquatic life. Phosphorus is a key ingredient in algae blooms.

These chemicals are only effective at targeted plants and algae. Our permits ensure the chemicals used, and the methods by which they’re applied, are the least impactful to animals and other plants. Permits limit which chemicals are allowed to be used, where they can be used, and who may use them. They also require public notification before a water body is treated, and outline specific rules around the reporting and timing of applying the chemical.

Learn more about invasive plants and the risks they cause to our way of life from the Washington Noxious Weed Control Board.

Why not just remove them by hand?

Non-chemical options are not always the best solution with the least environmental impact. Physical and mechanical methods of removing these plants can be damaging to aquatic habitats. These non-chemical options can have negative effects on water quality, disrupt sediment, and can kill the insects, snails, and fish trapped in the plants. These methods may be so expensive that they’re not really attainable to water managers. In addition, they can lead to a new infestation of noxious weeds by leaving behind plant fragments that then take root in the sediment.

Allowing pesticides to manage Washington waters

The federal Clean Water Act gives Ecology the responsibility to protect state waters. Chemicals used to manage Washington waters must be approved for use by the U.S. Environmental Protection Agency and Washington State Department of Agriculture. As a third layer of protection, we require anyone wanting to use one of these chemicals to get a water quality permit from us.

Water quality permits are a legal tool to allow – and limit – a discharge of pollution into the water. Each permit is different and sets specific methods for release, monitoring, and mitigating any potential environmental damage.

When used carefully under a water quality permit,
chemicals can help maintain the waters we love.
Photo credit: Tristan Hervouet via freeimages

When used carefully under a water quality permit, chemicals can help manage the water we need for the way we live.

For example, water management protects:

• Community use
• Aquatic habitat
• Human and pet health
• Agricultural purposes
• Livestock
• Commerce and navigation
• Boating
• Recreational and commercial fishing
• And much more

The prolific overpopulation of noxious and nuisance plants threaten the waterways Washingtonians know and love. Toxic algae can be dangerous to people, wildlife, and pets. We carefully consider and evaluate all potential solutions for managing Washington waters. The environmental review we’re currently seeking comments on is part of that ongoing evaluation.

Our current environmental review

We recently completed our draft of a new environmental review for our general permits for managing Washington waters. This review, called a Supplemental Environmental Impact Statement (EIS), helps us determine the potential environmental impact of certain chemicals used to treat unwanted plants and algae. Now, we want your feedback on our draft before we finalize the report.

Variable-leaf milfoil in Blue Lake.

We are always seeking more environmentally-friendly ways to manage Washington waters. This environmental study is pivotal to that search. Our goal is to give better tools to those tasked with managing our waterways. We want solutions that target the unwanted plants and algae, and reduce impacts to neighboring plants and animals. We also want solutions that are effective and have a low risk of unwanted plants developing a resistance to the chemical.

Protecting the health of the native ecosystem is our top priority. New information is learned all the time, so it’s important to continually review what we permit with the best science and technology available.

This environmental review is neither a permit nor a decision, but it will inform decisions we make around aquatic plant management in the future.

Send us your comments

We are now accepting comments on our environmental review of the chemicals used in these two permits. We will take input on the Draft SEIS for Aquatic Plant Management until 5 p.m. on June 6, 2017.

Submit comments using our online form.

We will also accept comments by mail:

Nathan Lubliner
Washington State Department of Ecology
PO Box 47696
Olympia, WA 98504-7696

By: Jessie Payne and Tim Lewis, Water Quality program communications

How and why we regulate the use of pesticides in water

By Sandy Howard, Water Quality Program communications manager

We know you care about the chemicals that may be finding their way into the environment.

Photo credit: Tristan Hervouet via freeimages

So do we.

That’s why we are focusing on identifying priority toxic chemicals and developing plans to reduce or eliminate their use, or to mitigate their impacts on people and the environment.

Our Water Quality Program has goals to prevent and reduce water pollution and to clean up polluted waters.

To make this work, we engage you to help protect and restore Washington’s lakes, rivers and marine waters.

Clean Water Act protections

When we come to work each day, our Water Quality Program compass is water quality – both in protecting high quality waters and cleaning up polluted waters.

The federal Clean Water Act and the state’s Water Pollution Control Act give us the basic structure of the regulatory programs we use to clean up and protect the health of our waters. And under the act, a water quality permit program is one of our key pollution gatekeepers.

Permits limit pollution

Under our Clean Water Act authorities, a water quality permit is a legal tool that authorizes and limits a pollution discharge.
For example, we permit discharges from large industrial facilities and we permit discharges from wastewater treatment plants. Our Clean Water Act permits allow the discharge of a limited amount of pollution and we recognize that the limited amount of pollution may have impacts. Our permits strive to minimize those impacts.

Protecting the benefits our waters provide

Some people may be surprised to know that both the Clean Water Act and state law allows the use of aquatic pesticides for the purpose of protecting the benefits that our waters provide.

Aquatic pesticides, when used carefully under a water quality permit, can protect water used for domestic, industrial and agricultural purposes, and for livestock, shellfish harvesting, habitat, commerce and navigation, and boating.
Pesticides are used to control:

• disease-carrying mosquitoes
• weeds and algae in irrigation systems
• invasive and noxious weeds in parks and lakes
• non-native fish

By controlling mosquitoes, we protect public health from diseases. By controlling weeds and algae, we conserve water, protect public safety, and provide a benefit to agricultural production. By controlling noxious weeds, we help protect the environment, public health, and recreation.

Controlling noxious weeds

Twenty years ago, the Legislature clarified that we must allow the use of aquatic pesticides to control noxious weeds when the uses meet our stringent environmental protections.

With strategic and permitted use of aquatic pesticides, we have dramatically reduced infestations of the noxious weed Spartina from more than 9,000 acres in 2003 to around 8 acres today.

Pesticide regulation 101

Pesticides are registered by the U.S. Environmental Protection Agency, which must follow federal pesticide laws. EPA’s lengthy registration process includes health and environmental studies that look at short-term, long-term, and indirect effects.

State law requires that pesticides used in Washington be registered by the state Department of Agriculture. WSDA reviews the EPA registration to determine if there are any state specific concerns, such as endangered species, or drinking water concerns. If there are concerns, WSDA may deny the registration and the pesticide may not be used in Washington. Or they may include it in the restricted-use category, which is the case for all aquatic labeled pesticides. To buy, sell or use aquatic labeled or other restricted use pesticides in Washington, you need to have a license from WSDA.

Pesticide labels

Pesticide labels provide important protections, too. EPA approves the labels and it is illegal to use a pesticide in a way that is inconsistent with the label. However, different manufacturers of the same pesticide may seek approval for different uses – resulting in different labels and therefore different approved uses for the same pesticide.

Before pesticides can be used in or near water, the label needs to specifically state it's OK.

Ecology provides third layer of environmental protection

Photo credit: Laurivo via freeimages

The Department of Ecology provides a third layer of regulation for the use of aquatic pesticides through a water quality permit.
Our state has a strong permitting program to carefully control and manage pesticide use in and around water.  Our program covers the water uses. It does not cover dry land, agricultural uses of pesticides.

Additional protections added by permit

When we consider issuing an aquatic pesticide permit, we evaluate and require environmental protections in addition to EPA and WSDA requirements. Additional conditions may include:

• when, where, how and the amount of aquatic pesticides can be applied
• specific monitoring and reporting to evaluate compliance

We also require public notification.

Aquatic pesticide permits contain restrictions, protections

Ecology’s pesticide permits contain a lot of detailed requirements. They set limits to the geographic area where the pesticide may be used. They set restrictions on the pesticides that may be used, opting for the least toxic products that are available. They require public notifications. They limit the timing of pesticide use to protect other plants or animals, such as young salmon. They require post-treatment monitoring to ensure the pesticide was applied correctly. Pesticide applicators must submit reports to us to show that permit requirements were met.

Permit process open to public

Our permitting process is open and transparent to the public. You can review draft permits and give us feedback at different times during our permit development process.  We receive important feedback from you that helps us shape a final permit.

Stay informed

We hope you find this information to be helpful. We invite you to sign up to receive our email notifications about aquatic pesticide permit applications in Washington.