Chapter 15.37
STORM AND SURFACE WATER ILLICIT DISCHARGE DETECTION AND ELIMINATION
Sections:
15.37.020 Prohibited discharges.
15.37.030 Allowable discharges.
15.37.040 Conditional discharges.
15.37.050 Prohibition of illicit connections.
15.37.060 Inspections and warrants.
15.37.070 Violations and remedies.
15.37.010 Definitions.
For the purposes of this chapter, the following shall mean:
A. “AKART” means all known, available, and reasonable methods of prevention, control, and treatment. See also the state Water Pollution Control Act, RCW 90.48.010 and 90.48.520.
B. “Best management practices (BMPs)” mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and structural or managerial practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
C. “Clean Water Act” means the federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.
D. “Ground water” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.
E. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
F. “Hyperchlorinated” means water that contains more than ten mg/Liter chlorine.
G. “Illicit discharge” means any direct or indirect nonstormwater discharge to the city’s storm drain system, except as expressly allowed by this chapter.
H. “Illicit connection” means any manmade connection to the city’s storm drain system without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate stormwater system.
I. “Municipal separate stormwater system (MS4)” means a conveyance or system of conveyances (including roads with ditches, manmade channels, or storm drains):
1. Owned or operated by the city of Centralia;
2. Designed or used for collecting or conveying stormwater;
3. Which is not part of a publicly owned treatment works (POTW). “POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned; and
4. Which is not a combined sewer. “Combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.
J. “National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit” means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
K. “Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
L. “Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law.
M. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
N. “Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
O. “Storm drainage system” means publicly owned facilities, including the city’s municipal separate stormwater system, by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
P. “Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.
Q. “Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. (Ord. 2236 § 2 (part), 2009).
15.37.020 Prohibited discharges.
A. Illicit discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the city’s storm drainage system and/or surface and ground waters any materials, including hazardous materials and pollutants, other than stormwater.
B. Examples of prohibited contaminants include but are not limited to the following:
1. Trash or debris;
2. Construction materials;
3. Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil;
4. Antifreeze and other automotive products;
5. Metals in either particulate or dissolved form;
6. Flammable or explosive materials;
7. Radioactive material;
8. Batteries;
9. Acids, alkalis, or bases;
10. Paints, stains, resins, lacquers, or varnishes;
11. Degreasers and/or solvents;
12. Drain cleaners;
13. Pesticides, herbicides, or fertilizers;
14. Steam cleaning wastes;
15. Soaps, detergents, or ammonia;
16. Swimming pool or spa filter backwash;
17. Chlorine, bromine, or other disinfectants;
18. Heated water;
19. Domestic animal wastes;
20. Sewage;
21. Recreational vehicle waste;
22. Animal carcasses;
23. Food wastes;
24. Bark and other fibrous materials;
25. Lawn clippings, leaves, or branches;
26. Silt, sediment, concrete, cement or gravel;
27. Dyes;
28. Chemicals not normally found in uncontaminated water;
29. Any other process-associated discharge except as otherwise allowed in this chapter; and
30. Any hazardous material or waste not listed above. (Ord. 2236 § 2 (part), 2009).
15.37.030 Allowable discharges.
The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the city determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:
A. Diverted stream flows;
B. Rising ground waters;
C. Uncontaminated ground water infiltration—as defined in 40 CFR 35.2005(20);
D. Uncontaminated pumped ground water;
E. Foundation drains;
F. Air conditioning condensation;
G. Irrigation water from agricultural sources that is commingled with urban stormwater;
H. Springs;
I. Water from crawl space pumps;
J. Footing drains;
K. Flows from riparian habitats and wetlands; and
L. Discharge from emergency fire fighting activities. (Ord. 2236 § 2 (part), 2009).
15.37.040 Conditional discharges.
The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the stated conditions or unless the city determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:
A. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de- chlorinated to a concentration of one-tenth ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system;
B. Lawn watering and other irrigation runoff are permitted but shall be minimized;
C. De-chlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of one-tenth ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system;
D. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street;
E. Nonstormwater discharges covered by another NPDES permit; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system; and
F. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the city, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water. (Ord. 2236 § 2 (part), 2009).
15.37.050 Prohibition of illicit connections.
A. The construction, use, maintenance, or continued existence of illicit connections to the city’s storm drainage system is prohibited.
B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
C. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the municipal separate stormwater system, or allows such a connection to continue. (Ord. 2236 § 2 (part), 2009).
15.37.060 Inspections and warrants.
When the city has probable cause to believe that a violation of this chapter is occurring or has occurred on or about a premises, the city may apply for an administrative search warrant in a court of competent jurisdiction. The application may occur after the city has requested to inspect the person’s premises, and the person has refused the city access to the person’s property. Timely notice must be given to any affected person that a warrant is being requested and that the person may be present at any court proceeding to consider the requested search warrant. The court may issue the warrant upon a finding of probable cause. (Ord. 2236 § 2 (part), 2009).
15.37.070 Violations and remedies.
A. The violation of or failure to comply with any of the provisions of this chapter is unlawful. The remedies and penalties provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.
B. If the city observes any violation of the provisions of this chapter, the city may notify the person of the violation in writing, and require the person to cure or correct the violation within a period of time as specified by the city. However, if a violation presents an imminent and material risk of danger to persons, property or the public health, safety or welfare, the city may take any action as may be necessary to protect the persons, property or public. The city may assess any cost incurred by the city against the person that is responsible for the violation.
C. Any person, firm or corporation who knowingly violates or fails to comply with this chapter shall be deemed to have committed the following:
1. First offense shall constitute a Class 1 civil infraction with the maximum assessment not to exceed the amount of two hundred fifty dollars, not including statutory assessments.
2. Second offense shall constitute a misdemeanor, and if found guilty, shall be subject to a fine not to exceed one thousand dollars, plus costs and assessments, and/or imprisonment not to exceed ninety days or to both such fine and imprisonment. A second offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.
3. Third or subsequent offenses shall constitute a gross misdemeanor, and if found guilty shall be subject to a fine not to exceed five thousand dollars, plus costs and assessments, and/or imprisonment not to exceed three hundred sixty-five days or both such fine and imprisonment. A third or subsequent offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.
D. Any person, firm or corporation violating any other of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed nineteen hundred dollars or by imprisonment in the county jail for a period not to exceed ninety days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. (Ord. 2236 § 2 (part), 2009).