PORT ANGELES — Clallam County has reached a tentative settlement with the state Department of Ecology on stormwater permitting for the unincorporated Port Angeles Urban Growth Area.
Community Development Director Mary Ellen Winborn said Monday the proposal would save about $250,000 per year and allow her department to draft new countywide stormwater regulations.
Commissioners will consider approving the settlement at their business meeting at 11:30 a.m. today.
“We will go ahead and formalize this on [Tuesday’s] agenda,” Commissioner Mark Ozias said in a Monday work session.
Clallam County appealed Ecology’s July 2019 determination that the unincorporated Port Angeles UGA must have permittee status under the Western Washington Municipal Stormwater Phase II General Permit.
Ecology had decided to pursue Phase II permit coverage on a small municipal separate storm sewer system (MS4) that Ecology identified in two discrete areas within the Port Angeles UGA, according to a January letter from county officials to Ecology.
Clallam County argued in its appeal to the state Pollution Control Hearings Board that it should not be required to obtain special permit coverage.
Winborn said the proposed settlement does not substantially change permit requirements for the Port Angeles UGA.
“Really, the businesses that have been building in the PA UGA have been building to a higher standard than our base standard,” Winborn said Monday.
“What’s going to really help everybody is their permits will not cost as much because we’re not going to have to hire more people to the tune of probably $250,000 per year to implement this. We’re going to be able to do it with the people that we have in-house, given what Ecology has agreed for us to do.”
Under the terms of the proposal, the county agrees to enact countywide development regulations that prohibit illicit stormwater discharges and comply with Ecology’s stormwater management manual.
“It wasn’t really going to make the water any cleaner anyway,” Winborn said of the Phase II designation.
“We have been keeping up with the water quality for all the streams in that area. It’s either stayed the same or it’s improved, so there really wasn’t a reason besides they wanted us to become a permittee because our water quality is good.”
Clallam County Chief Civil Deputy Prosecuting Attorney David Alvarez said negotiations with Ecology resulted in a “complete resolution of this litigation.”
County Planner Diane Harvey said the county took a “creative approach” with its Jan. 21 letter to Ecology.
“A letter was drafted and sent to the most senior officials at the Department of Ecology asking for the county and Ecology to act as partners instead of adversaries to create sensible solutions,” Harvey told commissioners.
“It also addressed the need for a comprehensive approach to stormwater management in our community.
“This proposed settlement is a successful result of this out-of-the-box approach, solving difficult problems among stakeholders,” Harvey said.
Clallam County has hired a planning consultant, AHBL, to help develop stormwater regulations over the next 18 months, Winborn said.
“We’ve worked as a really strong team around here in the courthouse over this whole issue,” she added.
The county’s letter to Ecology also asked the agency to help address the Midway Metals site, an illegal scrapping facility at 258010 U.S. Highway 101.
A resolution to that issue is still pending, Winborn said Monday.
Commissioners will consider the settlement agreement with Ecology in a video conference. No in-person attendance will be allowed until Gov. Jay Inslee’s “stay home, stay safe” proclamation is lifted, according to the agenda.
Meetings can be viewed at www.clallam.net/features/meetings.html.
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Reporter Rob Ollikainen can be reached at rollikainen@peninsuladailynews.com.
