(Table of Contents)

II.7 Permitted Facilities and Discharges

Permits discussed in this section of the Nooksack Source Protection Plan are for ongoing activities that may result in direct or indirect discharges to surface waters. Permits fitting this description include those issued under the federal National Pollutant Discharge Elimination System (NPDES) program, the Washington State Waste Discharge (SWD) program, and Whatcom County's landfill permitting program.

Washington State Department of Ecology is responsible for issuing permits under the National Pollutant Discharge Elimination System (NPDES) Federal Program and Washington State's Waste Discharge (SWD) Programs. NPDES permits, which usually have a five-year effective date, typically place limits on the quantity and concentration of pollutants being discharged by the permit applicant. They are required for 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 and greater; and 3) stormwater discharges from municipal storm sewer systems serving populations of 100,000 or greater. SWD permits regulate waste discharge into ground water and municipal sanitary sewer systems and place limits on the type and amount of contaminants discharged[1].

II.7.1 North Fork Nooksack Subbasin

There are four facilities in the North Fork Nooksack Subbasin with NPDES permits and one facility with a SWD permit (Table 30)[2]. The map number listed in Table 30 can be used to locate the permit on the map identified as Figure 22[3]. All four of the NPDES permits in the North Fork Nooksack Subbasin are considered 'general' permits. General permits, under the NPDES program, cover multiple facilities having similar discharges, pollutant control methods, and regulatory requirements. Facilities listed under general permits comply with the same discharge standards and have similar monitoring requirements.

In the North Fork Nooksack Subbasin, the general permits cover three sand and gravel operations and a state operated fish hatchery. Information on the North Fork Nooksack Subbasin is listed below:

• Permits held by Al Levitt, Tilbury Cement, and Whatcom County BL fall under the general sand & gravel permit requirements. Water quality concerns related to mining of sand and gravel include pH changes (either too high or too low), turbidity, total suspended solids, petroleum hydrocarbons, temperature changes from waste or process water, and total dissolved solids. The general permits identify monitoring requirements, best management practices, wastewater characteristics, standards, and stormwater controls that the permit holder must follow in order to be in compliance. The Department of Ecology is currently undergoing a process for modifications to the sand and gravel general permit. Given that the sand and gravel permits are expiring in August 1999, time was not spent reviewing the specific operation of each facility. The specific operations of facilities with permits issued after August 1999 should be evaluated in terms of potential impairment to source water quality and included in the 2005 NSPP update.
  
• The Washington State Department of Fish and Wildlife has a general permit for fish rearing. Information on requirements imposed on fish rearing operations was not readily available and was not considered a priority for this initial NSPP document. Review of the Kendall hatchery operation should be included in the 2005 NSPP update.
  
• The final permit listed in Table 30, Whatcom County W. for POTW to ground water is a state waste discharge permit for land disposal of Water District #13's water treatment facility wastewater. This activity is not a priority concern for source water quality for the PUD and the City of Lynden. Land disposal of wastewater may be of a higher priority to ground water users.

TABLE 30. NORTH FORK NOOKSACK SUBBASIN - PERMITTED DISCHARGES AND LANDFILLS

^aNot Listed (NL) = Point of discharge was not identified in the Department of Ecology database.
^bWADFW = Washington State Department of Fish and Wildlife
^cWhatcom Co. W = Whatcom County Water District #13
^dPOTW = Publicly operated treatment works (refer to Appendix D for further description)

II.7.2 Middle Fork Nooksack Subbasin

There are two facilities in the Middle Fork Nooksack Subbasin with NPDES permits (Table 31)[4]. The map number listed in Table 31 can be used to locate the permit on the map identified as Figure 23[5]. Both of the NPDES permits in the Middle Fork Nooksack Subbasin are considered 'general' permits. General permits, under the NPDES program, cover multiple facilities having similar discharges, pollutant control methods, and regulatory requirements. In the Middle Fork Nooksack Subbasin, the two general permits cover sand and gravel operations. Information on the facilities is provided below:

• Both the Olivine and Wilder operations are permitted as general sand and gravel permits and will be expiring August 1999. Information provided by Wilder Corporation indicated that their facility is an intermittent gravel operation. Information on the Olivine facility was not readily available. The Olivine facility is located above the City of Bellingham's diversion dam. If the permits are reissued by the Department of Ecology after they expire, the specific operation of the facilities should be evaluated for purposes of identifying potential impairment to source water quality and included in the 2006 NSPP update.

TABLE 31.  MIDDLE FORK NOOKSACK SUBBASIN - PERMITTED DISCHARGES AND LANDFILLS

^aNot Listed (NL) = Point of discharge was not identified in the Department of Ecology database.

II.7.3 South Fork Nooksack Subbasin

There is one facility in the South Fork Nooksack Subbasin with an NPDES permit (Table 32) The map number listed in Table 32 can be used to locate the permit on the map identified as Figure 24. The NPDES permit in the South Fork Nooksack Subbasin is considered a 'general' permit. General permits, under the NPDES program, cover multiple facilities having similar discharges, pollutant control methods, and regulatory requirements. The general permit in the South Fork Nooksack Subbasin covers a sand and gravel operation. Concrete Nor'west has indicated that their gravel pit is fairly inactive and is dependent on the amount of road work being done in the area. As with the sand and gravel permits in the North and Middle Fork, the facility operation should be reviewed in terms of its potential for impairing water quality as part of the 2006 NSPP update.

TABLE 32.  SOUTH FORK NOOKSACK SUBBASIN - PERMITTED DISCHARGES AND LANDFILLS

^aPoint of discharge was not identified in the Department of Ecology database.

II.7.4 Lower Nooksack Subbasin

According to state and local government records, there are 53 facilities in the Lower Nooksack Subbasin that have NPDES, SWD or a county landfill permit. Several of the facilities have multiple permits. In the Lower Nooksack Subbasin, 49 NPDES permits, 5 SWD permit and 3 Whatcom County landfill permits have been issued (Table 33)[6]. The map number listed in Table 33 can be used to locate the permit on the map identified as Figure 25[7]. Of the 49 NPDES permits, 44 have been issued as general permits: 20 of them as general industrial stormwater permits, 21 for sand and gravel and 3 for dairy operations. The general permits, under the NPDES program, cover multiple facilities having similar discharges, pollutant control methods, and regulatory requirements. For additional details and explanations of the different permit types and requirements, refer to Appendix C.

The review and evaluation of individual permits for each of the facilities listed in Table 33 was outside of the scope of this project. Evaluation of specific facilities and discharges is recommended as a priority task for the implementation phase of the NSPP. A discussion of the types of activities represented by the permits listed in Table 33 and their potential to impair source water quality is included in other sections of the NSPP: dairies are discussed under Agricultural Activities, sand and gravel operations are discussed under Mineral Resource Lands, and sewage treatment plants and stormwater are covered under Other Activities/Uses.

TABLE 33. LOWER NOOKSACK SUBBASIN - PERMITTED DISCHARGES AND LANDFILLS

^aNot Listed (NL) indicates that a point of discharge was not listed in the Department of Ecology database.
^bThe discharge is to the City of Lynden’s sanitary sewer system and discharged to the Nooksack River.
^cPOTW = Publicly operated treatment works (refer to Appendix B for further description). 
^dWhatcom County solid waste permits are not NPDES permits and therefore do not have a point of discharge.
^eLocation of reference number on maps is approximated due to either the lack of latitude and longitude coordinates on the permits or listing of incorrect coordinates.  Locations were identified by township, range, and section or by address listed on the permit.
^fDischarge is to the City of Ferndale’s sanitary sewer system and discharged to the Nooksack River.

II.8 Solid and Hazardous Waste Generators and Facilities 

Solid waste facilities are regulated through the Whatcom County Department of Health.  There are two permitted landfill facilities operating in the Lower Nooksack and one permitted waste incinerator, seven landfills in the Lower Nooksack that are closed, three closed landfills in the North Fork Subbasin, one closed landfill in the Middle Fork, two closed landfills in the South Fork Subbasin and one active one that is on tribal land and therefore not under the regulatory authority of the County Health Department[8].

During the process of developing the Nooksack Source Protection Plan, efforts were made to obtain information from state and local authorities on the permitting of scrap yards and auto junkyards that are not listed as a business enterprise.  The result of the effort revealed that there does not appear to be a process in place that addresses this potential source of surface and ground water contamination. 

Solid and hazardous waste facilities can be a source of a variety of contaminants depending on the material being stored or disposed of at the facility. 

II.8.1 North Fork Nooksack Subbasin 

The inventories used for developing the Nooksack Source Protection Plan did not reveal the presence of any permits for solid or hazardous waste sites or hazardous material generators in the North Fork Nooksack Subbasin.  However, there were facilities in the subbasin noted that may store or generate hazardous materials but at a volume below what is regulated under the EPA’s, Resource Conservation and Recovery Act (RCRA).  Types of facilities noted during the North Fork Nooksack Subbasin inventories that may fall in this category include gas stations, maintenance facilities, small auto repair shops and gravel operations.

II.8.2 Middle Fork Nooksack Subbasin 

As with the North Fork Nooksack Subbasin, there were not any permits for solid or hazardous waste sites or hazardous material generators identified in the Middle Fork Nooksack Subbasin (Washington State Department of Ecology, 1999).  There were, however, a number of large scrap yards on private property within close proximity to waterbodies identified via the field inventory.

II.8.3 South Fork Nooksack Subbasin 

Whatcom County Health Department records indicate that there is a landfill located in Township 38N, Range 5E, Section 8 just north of Van Zandt off SR 9 (Halasz, 1999).  The landfill is on Nooksack Tribal land and is, therefore, under Tribal jurisdiction and not Whatcom County’s jurisdiction.  Since the landfill is not under the County’s jurisdiction, Whatcom County Health Department regulations for landfills do not apply to this site.  Consequently, Health Department staff has been provided limited opportunities to evaluate the facility.  Although EPA has made an initial site visit with Health Department staff (Angell, 1999), further evaluation of the facility and its potential for impairing source water is recommended.

In addition to the tribal landfill, there are a number of large scrap yards and auto junkyards on private property that do not appear to be permitted since they are not commercial establishments.  As previously mentioned, scrap yards and junkyards on private property and which are not operating as a business do not appear to fall under state or local regulations.  Evaluation of the potential impairment of source water quality from these activities is outside of the scope of this project but is recommended under the implementation phase of the NSPP.

Through the inventories, facilities were also observed in the South Fork Nooksack Subbasin that may store or generate hazardous waste but which might fall below the threshold as a small waste generator under RCRA.  The facility types noted include large private truck and logging equipment yards and a gas station.

II.8.4 Lower Nooksack Subbasin 

There are three solid waste facilities operating in the Lower Nooksack Subbasin that are permitted by Whatcom County Health Department:

• County Construction Recyclers is a permitted facility that accepts demolition debris.

• Georgia Pacific (Hilltop Facility) is a permitted operation for wood waste fill.

In addition, there are four closed landfill facilities within Whatcom County: Cedarville MSW Landfill, Everson Goshen (Tenmile) MSW Landfill, Recomp MSW Ash Landfill, Olivine MSW Ash Landfill, GP Airport Woodwaste Landfill.

The City of Ferndale does not have any landfills in operation within the city limits.  There is, however, a closed municipal landfill located on Nielsen Road (T39N, R2E). 

A closed municipal landfill is also located in Lynden on a 20-acre site off the Birch Bay road west of the Guide Meridian (T40N, R2E).

There are 35 active waste generators in the Lower Nooksack Subbasin that fall under the EPA’s RCRA program.  The map number in Table 34 can be used to identify the location of the generators on the maps identified as Figures 26 and 27.  Appendix D includes a description of facility designations.

There are also a number of locations in the Lower Nooksack Subbasin that have scrap yards and auto junkyards located on private property. As previously mentioned, these activities currently do not appear to fall under any local or state regulations since they are not licensed as a business enterprise.  The potential exists for these facilities to impair source water quality depending on the composition of the disposed material.  During the windshield survey, facilities were noted in the subbasin that may store or generate hazardous waste but which may fall below the threshold as a small waste generator under RCRA.  Types of facilities noted include auto repair shops, boat maintenance and repair shops, and gas stations.

A review of each facility identified as a waste generator under RCRA to determine the nature of the material stored or generated onsite was not within the scope of this phase of the NSPP but is recommended as an implementation item.  In addition, facilities observed during the survey that are not listed in the EPA database as a waste generator should be further evaluated to determine the potential for the operations to impair source water quality. 

Table 34. LOWER NOOKSACK SUBBASIN: EPA-REGULATED WASTE GENERATORS 

^aNot Listed (NL) = Information on handling/facility size was not listed in the generator database.
^bCESQG = Conditionally exempt small quantity generator.
^cLQG = Large quantity generator.
^dSQG = Small quantity generator.

(Section II- Part IV)