PORT ANGELES — Clallam County is preparing to appeal the state Department of Ecology’s decision that the Port Angeles Urban Growth Area qualifies for the “onerous” Phase II Municipal Stormwater Permit.
The permit would increase development costs and require the county to add staff to address new administrative tasks required by the state, local officials said.
On July 2, Ecology told the county that the Western Washington Phase II Municipal Stormwater Permit, which requires municipalities to develop a stormwater management program to prevent stormwater runoff from polluting downstream waters, would go into effect Aug. 1.
Several officials described the Phase II Permit costs and requirements as “onerous” and agreed the county should seek mediation.
Commissioner Mark Ozias said Monday the county would draft its notice of appeal to the Pollution Control Hearings Board to be discussed during Monday’s 9 a.m. work session and that commissioners would consider approving the appeal Tuesday.
By appealing the decision, officials said they hope to reach a compromise with Ecology during mitigation and avoid having a hearing before the Pollution Control Hearings Board.
Mary Ellen Winborn, the director of the Department of Community Development, said that Ecology officials were not sympathetic when the county stated its case for not being subject to a Phase II permit.
Winborn said Ecology officials praised the county for its stormwater management efforts, but now it is “penalizing” the county by requiring the permit.
“This is an area that is not developing,” Winborn said. “The rest of our county is developing. This area has not had anything substantial.”
Commissioner Randy Johnson described the Phase II Permit as a “one size fits all” approach that doesn’t make sense in the Port Angeles UGA.
“I just look at the onerous costs that have come to the city of Port Angeles,” Johnson said. “That’s why I think we as a county have to look at this.”
County hydrogeologist Carol Creasey told commissioners that Ecology determined in 2012 that the Unincorporated Port Angeles Urban Growth Area did not qualify for the Phase II permit and that since there have been few changes in the area.
She said there are no new ditches, no new curbs or gutters. She said that Streamkeepers of Clallam County have collected data that shows water quality is improving in most areas.
“Things haven’t really changed in the Unincorporated Port Angeles Urban Growth Area,” she said.
She said in 2012 Ecology recommended the county adopt its draft stormwater management plan. Some of the recommendations were followed, she said, but the county didn’t follow through with others.
Ecology would provide the county with a $95,000 grant over two years to help fund the transition.
“All the stuff we had to do for responses to them and going to the meetings put us behind on our schedule for updated stormwater management with the entire county,” she said. “They seem to think it is more important to concentrate on a small area in our county than to get updated stormwater management for the entire county.”
Winborn said the county could consider developing a contract with the city of Port Angeles to process development permits in the UGA and that the department could team up with the city on code enforcement.
Ozias said he felt filing litigation in hopes of mediating with the state was the best approach, but he questioned whether the effort would be worth it.
He said in many cases when local jurisdictions find ways to be successful the state implements plans that undo that work and there is little that can be done.
He said the county should be cautious in how long and how hard it fights back.
“When do you cross the point of rather than standing up for what we believe is right, when we recognize as right as we might be and as much data as we have to support our position, ultimately it doesn’t matter,” Ozias said. “I don’t really know in this arena when that is.”
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Reporter Jesse Major can be reached at 360-452-2345, ext. 56250, or at jmajor@peninsula dailynews.com.
