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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) AND STATE AND LOCAL WASTE DISCHARGE PERMITS
National Pollutant Discharge Elimination System (NPDES) Permits

NPDES permits are issued by the Washington State Department of Ecology (Ecology) under authority delegated by the U.S. Environmental Protection Agency (EPA) to regulate discharge of pollutants into state waters.  The permits, which usually have a five-year effective date, typically place limits on the quantity and concentration of pollutants being discharged.  Ecology may reissue or extend NPDES permits.  Permits may receive an extended but not reissued status if an application to reissue a permit has been filed. 

Based on Environmental Protection Agency (EPA) classifications, the size of a facility is defined as either being major or minor with one million gallons per day (MGD) being the separation point.  NPDES permits are required for three categories including 1) wastewater discharges to surface water from industrial facilities or municipal sewage treatment plants; 2) stormwater discharges from industrial facilities and construction sites five acres or greater; and 3) stormwater discharges from municipal storm sewer systems serving populations of 100,000 or greater.

Wastewater discharges to surface water from industrial facilities or municipal sewage treatment plants are considered point source discharges into surface waters and can be permitted as an individual facility or with other similar facilities under a general permit. Detailed information about these permits can be found in the Federal Clean Water Act as Amended, Chapters 90.48 RCW, Chapter 173-224 WAC (fees), and Chapter 173-226 WAC (general permits).

Industrial facilities and construction sites five acres or greater are required to obtain permits for stormwater discharges.  Detailed information about these permits can be found in the Federal Clean Water Act as Amended, Chapters 90.48 RCW, Chapter 173-224 WAC (fees), and Chapter 173-226 WAC (general permits).

Municipal storm sewer systems (systems transporting only stormwater) that serve a population of 100,000 or more are required to have permits for their stormwater discharge.  There is a two-part application for these systems.  Detailed information about these permits can be found in the Federal Clean Water Act as Amended, Chapters 90.48 RCW, Chapter 173-224 WAC (fees), and Chapter 173-226 WAC (general permits).

State Waste Discharge (SWD) Permit

SWD permits, which regulate waste discharge into ground water and municipal sanitary sewer systems, differ from NPDES permits, which regulate discharges directly to water or non-sanitary sewers (stormwater systems).  SWD permits place limits on the type and amount of discharged contaminants.  To meet these limits, treatment of the wastewater or other operational procedures are required by the permit.  Information required by the permit application includes water supply volumes and water use; wastewater flow, characteristics, and disposal methods; planned improvements; stormwater treatment, plant operation, materials and chemicals used, and production; and other relevant information. 

The process for issuing a SWD permit includes filing the application, public notice of the application, and public notice of the draft permit.  Permits are generally issued 90 to 180 days after the Department of Ecology receives the completed application.  Sixty days after the application is formally accepted by the Department of Ecology, the state permit application will become a temporary permit.  SWD permits regulate 1) the discharge or disposal of industrial, commercial, or municipal waste material into the state's ground waters; 2) the discharge or disposal of industrial or commercial wastes into municipal sanitary sewer systems; and 3) the use of reclaimed water from sewage treatment plants. 

On-Site Sewage Disposal Permit (Septic Systems)

Whatcom County Health Department reviews and issues permits for on-site sewage systems with design flows that are less than 3,500 gallons per day.  The State Department of Health is responsible for on-site systems with design flows that are between 3,500 and 14,500 gallons per day.  Local health departments can be responsible for the large systems through a contractual agreement with the State Department of Health.  The Department of Ecology reviews plans for on-site systems larger than 14,500 gallons per day, systems with state or federal grants through the Clean Water Act, and systems with mechanical treatment or lagoons with design flows over 3,500 gallons per day.

Solid Waste Handling Facility Permit

Solid Waste Handling Facility permits are issued annually by Whatcom County Health Department for several types of facilities which store over 2000 cubic yards of solid waste at any time.  A solid waste handling facility may manage, store, collect, transport, treat, utilize, process or serve as the final disposal site of solid wastes.   The defined facility types are described below.  For more detailed information about regulations for each type of facility see Chapter 173-340 WAC.

Solid waste handling facility permits require an application that includes completion of the environmental checklist as required by the State Environmental Policy Act (SEPA).  Applications are reviewed by the Department of Ecology (WAC 173) and the Whatcom County Health Department.  A public hearing is held to review the application after 10 days of public notice.  The hearing is open to both oral and written public comments. The Department of Ecology comments must be addressed before a permit can be issued.  If there are no comments from the Department of Ecology, the decision on the permit is made within 30 days.  Some permits require environmental monitoring which is conducted by the facility.  In addition, these facilities have quarterly inspections by the County Health Department.  Facilities that are not required to conduct environmental monitoring are inspected t