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b. Is located within, or partially located within, an urbanized area as defined <br />by the latest decennial census conducted by the U.S. Bureau of Census or <br />is designated by Ecology pursuant to either 40 CFR 122.35(b) or 40 CFR <br />122.26(f); and <br />C. Discharges stormwater from the MS4 to a surface water of Washington <br />State; and <br />d. Is not eligible for a waiver or exemption under S 1.0 below. <br />2. All other operators of MS4s, including special purpose districts which meet the <br />criteria for a regulated small MS4, shall obtain coverage under this permit. <br />Other operators of MS4s may include, but are not limited to: flood control, or <br />diking and drainage districts, schools including universities and correctional <br />facilities which own or operate a small MS4 serving non-agricultural land uses. <br />3. Any other operators of small MS4s may be required by Ecology to obtain <br />coverage under this permit or an alternative NPDES permit if Ecology <br />determines the small MS4 is a significant source of pollution to surface waters <br />of the state. Notification of Ecology's determination that permit coverage is <br />required will be through the issuance of an Administrative Order issued in <br />accordance with RCW 90.48. <br />4. The owner or operator of a regulated small MS4 may obtain coverage under this <br />permit as a Permittee, Co -Permittee, or Secondary Permittee as defined in <br />S 1.D.1 below. <br />5. Pursuant to 40 CFR 122.26(f), any person or organization may petition Ecology <br />to require that additional MS4s obtain coverage under this permit. The process <br />for petitioning Ecology is: <br />a. The person or organization shall submit a complete petition in writing to <br />Ecology. A complete petition shall address each of the relevant factors for <br />petitions outlined on Ecology's website. <br />b. In making its determination on the petition, Ecology may request <br />additional information from either the petitioner or the entity that is the <br />subject of the petition. <br />Ecology will make a final determination on a complete petition within 180 <br />days after receipt of the petition and inform both the petitioner and the <br />MS4 of the decision, in writing. <br />d. If Ecology's final determination is that the candidate MS4 will be <br />regulated, Ecology will issue an order to the MS4 requiring them to obtain <br />coverage under this permit. The order will specify: <br />i. The geographic area of permit coverage for the MS4; <br />Eastern Washington Phase II Municipal Stormwater Permit August], 2014 <br />Page 2 <br />