Washington State Considers Permits for Nutrient Discharges in Puget Sound

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The Washington State Department of Ecology announced that it will be accepting comments until October 21, 2019, on a preliminary determination to develop a Nutrients General Permit in the Puget Sound. These permits would apply to domestic wastewater treatment plants. The Department of Ecology is hoping to control the nutrients entering the Puget Sound marine and estuarine waters and is seeking comments to determine whether general permits would be the best tool to reduce nutrients in discharges from the domestic wastewater treatment plants. The alternate option would be to pursue the nutrient problem through individual permits.

Ecology decided to take action as a result of high levels of nutrients entering the Puget Sound from wastewater treatment plans. Excess nutrients can lead to plant and algae growth beyond normal levels. Around the country, bodies of water have suffered from excess algae growth, which stresses marine life. Other states have adopted general permits to deal with excess nutrients, focusing on trading and delayed implementation requirements to help wastewater treatment plants come into compliance with general permits. The Department of Ecology hopes to minimize problems for marine life by creating a general permit system. General permits would cover groups of dischargers with similar qualities or within a similar region and would be in addition to the water quality permits required for wastewater treatment plants to operate.

Currently, the Department of Ecology has not provided draft language for the proposed permits. However, interested parties should be aware that permits could impose new compliance requirements and may increase the risk of citizen and government enforcement

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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