Washington State Storm Water Regulations Challenged by Environmentalists, Builders

Washington state storm water regulations issued on Jan. 18, 2007 are being challenged by environmental groups, who say they are inadequate to protect the health of Puget Sound, and the Building Industry Association of Washington (BIAW), which has declared the regulations to be “an ecological noose which has been slipped over the state of Washington, designed to slowly strangle the homebuilding industry,” the International Erosion Control Association (IECA) reported.

The environmental law firm Earthjustice filed an appeal with the Pollution Control Hearings Board in Olympia on behalf of People for Puget Sound and the Puget Soundkeeper Alliance. The groups contend that even if the new regulations were strictly adhered to, they would not be enough to keep the health of Puget Sound from declining.

On the other side, BIAW, along with Associated General Contractors, Association of Washington Business and Snohomish County, are opposing what they consider to be burdensome permit conditions. Some of the conditions to which the groups object are turbidity benchmarks, BMP and SWPPP revision timeframes, inspection frequency, sampling frequency and exposed soil limits.

Several summary judgment motions were filed and heard by the Pollution Control Hearings Board. Two motions have been decided. The board determined that SWPPPs are not required at application and small sites do not need to start sampling storm water until 2008.

Bill Moore, storm water policy analyst for the Washington’s Department of Ecology, said the permits are a “necessary first step,” not the answer—the department’s best attempt to balance competing interests, according to the IECA.

Source: IECA