NPDES Fresh Fruit Packing General Permit

What is the Purpose of this Permit?

The discharge of pollutants into the state's surface waters is regulated through National Pollutant Discharge Elimination System (NPDES) permits. Ecology issues these permits under the authority of the Clean water Act as delegated by the U.S. Environmental Protection Agency (EPA). General permits, which contain both state and NPDES requirements, are written to cover a category of dischargers, such as fresh fruit packers.

Coverage under the Fresh Fruit Packing general permit is obtained by submitting an Application for Coverage. This general permit places limits on the quantity, concentration and frequency of discharge of pollutants. It also requires certain operational conditions called Best Management Practices (BMPs). To ensure compliance with these limits and conditions, the general permit requires monitoring and reporting.

The general permit does not excuse the permittee from complying with any applicable Federal, State, or local statutes, ordinances, regulations or permits.

Every new or existing fresh fruit packing facility which receives, packs, stores and/or ships either hard or soft fruit and discharges wastewater, including non-contact cooling water, needs coverage under either this general permit or an individual permit. Facilities that only discharge domestic wastewater or process water to a delegated pretreatment Publicly Owned Treatment Works (POTW) do not need coverage under this general permit.

Any fruit packing facility which is located on the Colville Reservation may apply for coverage for only non-surface water discharges under this general permit. Discharges to surface water on the Colville Reservation are under EPA jurisdiction.

Who issues this Permit?

Department of Ecology

What Activities Require this Permit?

New or existing fresh fruit packing facility which receives, packs, stores and/or ships either hard or soft fruit and discharges wastewater.

How Much Will this Permit Cost?

There are no application fees for general permits. The annual fee for the fresh fruit packing general permit is based upon production levels, or in certain circumstances, upon the volume of non-contact cooling water discharged. Please see chapter 173-224 WAC for current fees.

Where Can I Get the Application for this Permit?

The application which is called 'Application for Coverage or Modification of Coverage Fresh Fruit Packing General Permit', is online and can be downloaded at https://fortress.wa.gov/ecy/publications/summarypages/ecy070153.html.

Do I Need to Include Anything with my Application?

Applications for coverage must be submitted at least 90 days before any discharge or at least 180 days before permit expiration.

The application should include a line drawing summarizing all wastewater flows in the facility. This should indicate all wastewater sources, wastewater volumes, chemicals used and their concentrations, pretreatment processes, wastewater discharge ID numbers and Treatment/Disposal Methods (TDMs) used as specified in Section E of the application.

Any existing facility previously under this permit and for which no significant process change has occurred or is planned, shall submit to Ecology only the Application for Coverage under this general permit at least 180 days before permit expiration.

Any new facility shall submit to Ecology, at least 90 days before any discharge, the Application for Coverage, an engineering report if a major wastewater treatment system is to be constructed, an Affidavit of Publication certifying that the public notice requirements have been met, and either a certification that SEPA requirements have been met and a copy of the SEPA determination or an explanation of what is being done to comply with SEPA requirements.

Is the Decision on my Permit Dependent on Anything Besides the Information in my Application?

Once an application is received, Ecology Regional Water Quality staff will review the form for completeness and accuracy. If additional information is required, the applicant will be notified. Once the application is accepted a public notice of application must be published, followed by a 30 day public comment period. Once the comments received during this period are addressed, or if no substantial comments are received, coverage will be issued.

How Long Will it Take to Review my Application?

Where do I Submit my Application?

Applications should be submitted to the Ecology Regional Office in which the facility is located.

How Long is my Permit Valid?

The general permit is renewed every 5 years. The last renewal was in July 2009. Coverage under the general permit is typically the life of the permit.

What is the Appeal Process for the Permit?

The terms and conditions of the general permit may be appealed in accordance with Chapter 43.21B RCW and Chapter 173-226 WAC. Appeals must be filed with the Pollution Control Hearings Board (PCHB) and Ecology. Appeals of permit terms and conditions must be made within 30 days of permit issuance. Appeals of coverage must be made within 30 days of the effective date of coverage.

Notes / Comments:

Legal Authority:

• Chapter 90.48 RCW
• Chapter 90.52 RCW
• Chapter 90.54 RCW
• Federal Water Pollution Control Act (FWPCA)

Links:

• Ecology Contact Directory
• Environmental Hearings Office
• Pollution Control Hearings Board
• WAC 173-224
• WAC 173-226

Statewide Contact:

* Permit information last updated 2/1/2013.