Notes
Draft internal email from Tom Luster (Ecology 401 unit) to Tony Barrett, Terra Hegy, and Ed O’Brien, cc Paula Ehlers and Sandra Manning, dated September 14, 1998. Subject is 401 Water Quality Certifications and stormwater discharges. Luster identifies a significant compliance problem: Ecology has been issuing 401 certifications based on stormwater BMPs (bioswales, wet vaults) from applicable stormwater manuals, but analysis with an applicant revealed that for typical urban runoff contaminants — metals, fecal coliform, TSS — discharge levels were nowhere near required water quality criteria under the Clean Water Act and state water quality standards. The A.G.’s office confirmed that issuing a 401 knowing criteria are not met would violate the Clean Water Act. Luster raises questions about guidance/interpretation, technical assistance from stormwater staff, outreach to applicants and local governments with approved stormwater manuals, and interim handling of existing 401 applications. Recommends requiring stormwater treatment sufficient to meet criteria (e.g., 95% of flows up to the 25-year storm) for projects in waters of the state requiring a 401. AR 023654–023655.