Regulatory Permits

LOTT strives to maintain open and productive relationships with the many agencies, organizations, and customers that have regulatory or other involvement in LOTT's day-to-day programs and operations. The past few years have included major milestones of regulatory achievements, and some important new beginnings.

NPDES Permit

LOTT's Budd Inlet Treatment Plant and discharge of treated water to Budd Inlet are regulated under a National Pollutant Discharge Elimination System (NPDES) Permit. The NPDES is a system for issuing permits for wastewater discharges to surface waters. The purpose of the permits is to control pollutants as a means to achieve the goals of the federal Clean Water Act. In the state of Washington, the U.S. Environmental Protection Agency has delegated NPDES permit authority to the Department of Ecology. NPDES permits place limits on the quantity and concentrations of contaminants that may be discharged. Permits may require certain levels of treatment for wastewater or impose other operating conditions to ensure that permit limits are met.

LOTT operates under an Ecology-issued NPDES Permit because treated effluent is released into Budd Inlet at the southern end of Puget Sound. In September 2001, following completion of the long-range planning process and transition to the new LOTT Alliance governance structure, LOTT submitted an application for modification and renewal of our existing permit. Consistent with the Wastewater Resource Management Plan (WRMP), the application requested an increase in the wintertime discharge limit to Budd Inlet. At Ecology's request, additional computer modeling demonstrated LOTT's discharge would not create adverse impacts on Budd Inlet during the sensitive summer season.

Permit discussions became complicated with kick-off of the TMDL study process for Budd Inlet (see TMDL listing below) and a determination by the Environmental Protection Agency (EPA) that LOTT's permit should not be renewed at current summer permit levels while that study was being conducted. In addition, the Squaxin Island Tribe reaffirmed its opposition to LOTT's increased winter discharge request. Staff participated in several meetings with Squaxin Tribe representatives, Department of Ecology, and EPA staff in an effort to find a mutually agreeable approach that will allow the NPDES Permit renewal to move forward. During 2004, efforts focused on identifying possible action project alternatives that would help improve water quality and/or fish habitat in Budd Inlet while allowing LOTT to preserve discharge capacity needed to serve the community over the next few years.

On September 1, 2005, the Department of Ecology issued the new LOTT NPDES Permit (WA0037061), effective October 1, 2005. The Permit and Fact Sheet are both available on Ecology's web site; please use the link above to review the documents.

Reclaimed Water Permits

With the move toward production, distribution and use of Class A Reclaimed Water, LOTT is also governed by new State Reclaimed Water Permits, which are issued jointly by the Department of Ecology and Department of Health under the Reclaimed Water Act (RCW 90.46). As currently anticipated, separate Reclaimed Water Permits will be issued for each of LOTT's planned reclaimed water facilities.

Permit requirements for the Budd Inlet Reclaimed Water Plant are included within the NPDES Permit. The Hawks Prairie Satellite Reclaimed Water Permit (ST 6206) was issued in March of 2006, with an April 1 effective date.

TMDL Study Participation

The federal Clean Water Act requires states to clean up water bodies that don't meet water quality standards. In Washington, the Department of Ecology has that responsibility. Ecology began a cleanup study for the Deschutes River, Capitol Lake, and Budd Inlet in April 2003. Known as a Total Maximum Daily Load (TMDL) study, the multi-year process will result in development of a Water Cleanup Plan. Because LOTT's discharge into Budd Inlet is one of the few permitted discharges, the resulting plan could affect LOTT's allowable discharges. Potentially, reductions could be significant and have long-term and costly ramifications for LOTT and its ratepayers. LOTT staff members are participants in the two committees that have been formed as part of this process – a Technical Advisory Committee and a Public Outreach Committee. As part of its analysis, Ecology is using the computer model prepared for LOTT's Scientific Study of Budd Inlet (1996-1998).