News, Publications & Seminars

JAMES TUPPER TO SPEAK AT 2012 CLEAN WATER AND STORMWATER CONFERENCE
February 15, 2012

Law Seminars International has announced its twelfth annual comprehensive seminar on Clean Water and Stormwater, to be held in Seattle on April 4 and 5, 2012.  Tupper Mack Wells attorney James Tupper will speak on the topic of permit compliance under the Industrial Stormwater General Permit (ISGP), including the practical implications of recent PCHB rulings on the presumption of compliance with water quality standards for industrial facilities implementing Best Management Practices approved by the Department of Ecology.  For more information, contact James Tupper at  tupper@tmw-law.com.

• For registration information and course materials, click here.

TUPPER MACK WELLS CO-SPONSORS NEBC’S ANNUAL STORMWATER CONFERENCE
February 10, 2012

The Northwest Environmental Business Council (NEBC) will hold its annual conference on stormwater management in Tacoma on March 8, 2012.  Tupper Mack Wells is a supporting sponsor for the conference, which will bring together regulated parties, technology vendors, and regulators to address the challenges of third-party lawsuits, regulation, and enforcement.  Now in its fifth year, this one-day conference will examine the current compliance landscape and how property owners and managers can implement cost-effective prevention and control practices. For more information, contact Matt Wells at wells@tmw-law.com.

• To view more information about the conference, click here.

ECOLOGY ANNOUNCES MODIFIED INDUSTRIAL STORMWATER GENERAL PERMIT
February 7, 2012

The Department of Ecology began a 45-day public comment period on proposed modifications to the 2010 Industrial Stormwater General Permit (ISGP) on February 1, 2012.  After March 16, 2012 at 5:00 p.m. the comment period will be closed.  The Pollution Control Hearings Board (PCHB) ordered Ecology to modify the ISGP to comply with the PCHB’s April 2011 ruling requiring alterations to the permit’s sampling and corrective action provisions.  Significant changes to the permit include the replacement of numeric effluent limitations for fecal coliform bacteria with narrative Best Management Practices (BMPs).  Approximately 80 industrial facilities discharging to 303(d)-listed impaired waterbodies would be affected by this change.  Ecology has scheduled several workshops on the proposed modified permit, and will hold a public hearing on March 12, 2012 at South Seattle Community College.  For more information, contact James Tupper at tupper@tmw-law.com.

• To view the draft permit and fact sheet, and to see upcoming public workshop dates, click here.

DEPARTMENT OF ECOLOGY PROPOSES LEGISLATION ON FECAL COLIFORM LIMITS IN INDUSTRIAL STORMWATER
January 30, 2012 

The Washington Department of Ecology has requested legislation to provide regulatory relief for facilities covered under the Industrial Stormwater General Permit (ISGP).  Prior to issuance of the final 2010 ISGP, Ecology took the position that it was not appropriate to require industrial facilities to comply with effluent limits for fecal coliform unless there was some activity at the facility that was specifically associated with bacterial contamination (for example, food processing).  In a significant reversal, Ecology’s final 2010 ISGP imposed strict numeric limits for fecal coliform on 91 industrial sites in Washington.  This standard has proven extremely difficult for industrial facilities to meet, particularly at sites visited by seagulls and other birds.  

Companion bills in the state Senate and House (SB 6393 and HB 2651) introduced at Ecology’s request would correct this problem by allowing Ecology to impose narrative limits (best management practices) rather than numeric limits.  Ecology plans to release a draft modification of the ISGP in early February 2012 that will implement this new approach to controlling fecal coliform.  For more information, contact James Tupper at tupper@tmw-law.com.

• To view the proposed legislation, click here.
• To view the Focus Sheet on the legislation, click here.

STOCK-WATERING PERMIT EXEMPTION AFFIRMED BY WASHINGTON STATE SUPREME COURT
January 30, 2012

 In a 6-3 decision, the Washington Supreme Court concluded a lengthy dispute over Washington’s groundwater permit exemption statute, holding that groundwater withdrawn under the permit exemption for stock-watering is not limited to 5,000 gallons per day.  In Five Corners Family Farmers, et al. v. State of Washington, et al., the Court held that RCW 90.44.050 unambiguously allows stock-watering from permit-exempt wells without being limited to a specific quantity.  In a feature article published in the February 2012 issue of Western Water Law & Policy Reporter, Tupper Mack Wells attorney Sarah Mack explains how the Court majority interpreted the statute by applying familiar principles of statutory construction and paying careful attention to sentence structure and punctuation. For more information, contact Sarah Mack at mack@tmw-law.com.

• To view the complete article, click here.
• To view the Court’s opinion, click here.

TMW ATTORNEY BRAD DOLL ADDRESSES RISK MANAGEMENT AND STORMWATER AT NORTHWEST ENVIRONMENTAL BUSINESS COUNCIL CONFERENCE
January 23, 2012

Tupper Mack Wells attorney Brad Doll is slated to speak at the 2012 Northwest Environmental Business Council conference on Managing Stormwater in the Northwest on March 8, 2012 in Tacoma. Brad’s topic, “Risk Management & Stormwater,” will cover how third party lawsuits play a major role in enforcement of stormwater regulations and compliance. The talk will also address the risks and consequences of non-compliance, and the dilemmas faced by companies weighing the high cost of compliance. For more information, contact Brad Doll at doll@tmw-law.com.

• For more information on the conference, click here.

WASHINGTON DEPARTMENT OF ECOLOGY ADJUSTS FISH CONSUMPTION RATES
January 10, 2012

Default fish consumption rates, which are used as a basis for environmental cleanup and pollution control standards, have been set forth in a Technical Support Document issued by the Department of Ecology in September 2011. Based on these new numbers, the Department is considering revisions to the Sediment Management Standards (SMS) rule (Washington Administrative Code [WAC] 173-204). The Department will also consider updates to the Water Quality Standards for Surface Waters (WAC 173-201A) and the Model Toxics Control Act (MTCA) Cleanup Regulation (173-340).
The public comment period on the Fish Consumption document has been extended to Wednesday January 18, 2012. For more information, contact James Tupper at tupper@tmw-law.com.

• To view the Fish Consumption Rates Technical Document, click here.

WASHINGTON STATE DEPARTMENT OF ECOLOGY COMMENT PERIOD FOR DRAFT MUNICIPAL STORMWATER PERMITS ENDS NEXT MONTH
January 10, 2012

In the fall of 2011, Ecology released draft municipal stormwater permits for a 3 1/2 month-long public comment period: Phase I Municipal Stormwater Permit, Western Washington Phase II Municipal Stormwater Permit and the Eastern Washington Phase II Municipal Stormwater Permit. The permits are open for public review and comment until February 3, 2012.

According to the DOE, the Department will consider public comments as it revises the permits and plans to issue the final permits in June 2012 with a response to comments. For more information, contact James Tupper at tupper@tmw-law.com.

• To view the draft permits, click here.
• For information on workshops, click here.

THE 2012 DRAFT STORMWATER MANAGEMENT MANUAL FOR WESTERN WASHINGTON COMMENT PERIOD ENDS IN FEBRUARY
January 10, 2012

Ecology began a 90-day public comment period for the Draft 2012 Stormwater Management Manual for Western Washington (SWMMWW) last November. After February 3, 2012, the comment period will be closed.

Although the Manual in and of itself is not a legally enforceable document, several of the NPDES Stormwater General Permits require its use. According to the Department of Ecology, key changes include new requirements for low impact development, revised guidelines for wetlands, new and revised construction BMPs, revised guidance on determining infiltration rates, and revised guidance for modeling in the Western Washington Hydrology Model. These changes will affect Western Washington permittees under the following General Permits: Boatyard Stormwater, Construction Stormwater, Industrial Stormwater, Municipal Stormwater, and Sand and Gravel Stormwater. For more information, contact James Tupper at tupper@tmw-law.com.

• To view the Draft Stormwater Management Manual for Western Washington documents, click here.
• To view the calendar of January workshops, click here.

PUGET SOUND PARTNERSHIP EXTENDS COMMENT PERIOD FOR ACTION AGENDA UPDATE
January 2, 2012 (update)

The Puget Sound Partnership recently released its draft Action Agenda Update for 2012.  The public comment period will be extended by two weeks.  Comments will now be due on Friday, February 3rd, 2012.

For more information, contact Matt Wells at wells@tmw-law.com.

• To view the draft Action Agenda, click here.
• To view the previous news story about the Action Agenda, click here.

CITY OF SEATTLE RELEASES DRAFT SHORELINE RESTORATION PLAN
January 2, 2012 (update)

The City of Seattle has released a second draft of its updated shoreline Master Program, revised to comply with rules set by the Washington Department of Ecology in WAC chapter 173-26.

The City also recently released its draft Shoreline Restoration Plan.  The Plan includes a detailed inventory of current shoreline conditions and identifies priority opportunities for restoration.  While the Plan does not establish regulatory requirements, several of the SMP’s policies point to the Plan as a guide for improving shoreline ecological function.  The deadline for public comments on the Shoreline Restoration Plan is February 10, 2012.

For more information, contact Matt Wells at wells@tmw-law.com.

• To view the City of Seattle’s Department of Planning and Development Shoreline Master Program Update website, and the second draft of the updated shoreline Master Program, click here.
• To view the City’s draft Shoreline Restoration Plan, click here.
• To view the previous news story about the updated shoreline Master Program, click here.