WAC 463-76-031   Application filing with the council.  (1) For each energy facility proposing to commence a discharge of pollutants to surface waters of the state, there shall be filed with the council:

     (a) A complete NPDES application at the time of submitting an application for site certification to the council pursuant to RCW 80.50.071, for proposals to discharge wastewater or storm water to surface waters of the state. Applicants may seek coverage for storm water discharge associated with construction activity or storm water from areas located on facility lands separate from the facility's industrial activities, such as office buildings and accompanying parking lots, as long as the drainage from the excluded areas is not mixed with storm water drained from the areas described in WAC 463-76-010(33) under a NPDES storm water general permit, promulgated by ecology. Any subsequent determination of such an NPDES application's adequacy shall not affect the council's finding that a complete application pursuant to RCW 80.50.070 has been received.

     (b) A complete NPDES application for any energy facility and not covered above shall be filed either:

     (i) No less than one hundred eighty days in advance of the day on which it desires to commence the discharge of pollutants; or

     (ii) In sufficient time prior to the commencement of the discharge of pollutants to insure compliance with the requirements of section 306 of the act, and other applicable water quality standards and applicable effluent standards and limitations.

     (2) Each person requesting an NPDES permit from the council shall be required to submit additional information as determined necessary by the council after an NPDES application has been filed and reviewed by the council. Information shall be provided in sufficient detail such as to fulfill the requirements of 40 CFR 122.26(c).

     (3) If an NPDES application is determined to be incomplete or otherwise deficient, the NPDES portion of any application filed pursuant to RCW 80.50.070 shall not be processed until the applicant has supplied the missing information or otherwise corrected the deficiency.

     (4) The council shall not consider any NPDES application for a energy facility until and unless an application for certification is filed with the council pursuant to RCW 80.50.070.

     (5) Each NPDES application will be submitted on such form as specified by the council.



[Statutory Authority: RCW 80.50.040 (1) and (12). 04-21-013, amended and recodified as § 463-76-031, filed 10/11/04, effective 11/11/04; Order 114, § 463-38-031, filed 2/4/77. Formerly WAC 463-16-031.]