Current permits and actions

We retained the Determination of Nonsig DNS issued for the General Permit and are issuing a new statewide general permit for biosolids management on Jan. 2, 2025. It goes into effect Feb. 1, 2025. Below you can find the final permit, response to comments received, and other permit documents. 

Statewide general permit for biosolids management issued

The statewide general permit for biosolids management is how we implement the Biosolids Management rule (Chapter 173-308 WAC). The general permit contains minimum requirements that all biosolids facilities must meet, and allows us to increase environmental protections or establish more stringent biosolids management requirements for facilities on a case-by-case basis, if necessary.

The biosolids general permit is active for five years. The current permit will expire Jan. 31, 2030.

Details

After review and response to comments we are issuing the new general permit on Jan. 2, 2025. It will go into effect Feb. 1, 2025.

Documents
Appeals The terms and conditions of the general permit are subject to appeal within thirty days of issuance in accordance with Chapter 43.21B RCW. Any appeal must be filed with the PCHB and served on Ecology on or before Feb. 1, 2025.
Ecology contact Torrie Shaul
torrie.shaul@ecy.wa.gov
360-789-3831

In June of 2022, we reissued the General Permit for Biosolids Management. It became effective July 15, 2022, and we received an appeal shortly after from Ed Kenney and the Nisqually Delta Association. The General Permit remained in effect while Ecology worked through the appeal process in the following years. On Jan. 29, 2024, we learned the Pollution Control Hearings Board (PCHB) ruled for the appellant. This decision voided the current general permit issued in 2022.

The PCHB concluded our initial Determination of Nonsignificance issued for the General Permit did not comply with SEPA. The Board requests we include “an explicit and full disclosure and review of information on the environmental impacts of PFAS, PBDEs, and microplastics in biosolids,” in the SEPA Checklist and resulting determination.

After resolving issues outlined by the PCHB ruling, we reissued the SEPA Checklist and DNS on the general permit. We received 54 comments and provided responses in the Response to Comments on the SEPA DNS for the General Permit. 

After reviewing all comments received on the SEPA DNS, we retained the DNS and made the determination to issue the final general permit for biosolids management to replace the expired one. The permit was issued Jan. 2, 2025, and will go into effect Feb. 1, 2025.

Facilities with active management operations

Facilities with active biosolids or septage management programs must submit an application for coverage under the statewide general biosolids permit. 

To address specific local conditions, we can impose additional or more stringent requirements on a facility covered by the general biosolids permit. Depending on timing and the nature of operations, facilities need to submit a notice of intent (NOI) to be covered under the general permit and/or an application for coverage. 

Public hearings may also be held for individual facilities. We will determine the need for a hearing on an individual facility proposals based on an overall assessment of the proposal, and with consideration to the level of interest. 

Automatic approvals

Coverage for facilities that do not have active biosolids management programs will be in effect on the statewide general permit's effective date. Examples of facilities this would apply to include treatment works with lagoons that don't expect to remove biosolids, possibly for many years, and others that only send biosolids to other facilities for treatment. For those facilities without active biosolids programs, this will be the only notice. There may be additional notice for other facilities, later. Some proposals will include public hearings.

If you have questions about how this impacts your facility operations, please reach out to your region biosolids coordinator.

Stay informed about a specific facility

Interested parties can comment on permit applications and proposals, but the way to comment will vary between proposals. Make one of both of the following action to ensure you are notified of permit actions and opportunities to review and provide input.
 

You can also write directly to a facility and request to join their interested parties list and then notify the Ecology regional biosolids coordinator who manages the facility. Be sure to keep a record of your requests.