Division II. Water Quality
Chapter 16.45
GENERAL WATER QUALITY AND ENFORCEMENT1
Sections:
16.45.040 Quality of water entering streams and lakes.
16.45.050 Quality of water entering the public stormwater system.
16.45.060 Quality of water entering the ground.
16.45.070 Special enforcement provisions.
16.45.010 Purpose.
The purpose of this chapter is to protect the city’s surface and groundwater quality by providing minimum requirements for reducing and controlling the discharge of contaminants from commercial, industrial, governmental, agricultural, residential and other land use activities in Federal Way. The city council recognizes that water quality degradation can result directly from one discharge or through the collective impact of many small discharges. Therefore, this title prohibits the discharge of contaminants into surface water, stormwater and groundwater and outlines preventative measures to restrict contaminants from entering such waters, including the implementation of best management practices (BMPs).
In addition, the city council also recognizes the importance of maintaining economic viability while providing necessary environmental protection. An additional purpose of this title it to assist in the achievement of both goals.
(Ord. No. 09-630, § 21, 10-20-09; Ord. No. 09-619, § 5, 7-21-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-35.)
16.45.030 Scope.
This chapter establishes the following water quality standards based on how the water leaves the subject property:
(1) FWRC 16.45.040 establishes water quality standards for water that flows directly from the subject property into a stream, a lake or Puget Sound.
(2) FWRC 16.45.050 establishes water quality standards for water that is conveyed into the public stormwater system directly from the subject property.
(3) FWRC 16.45.060 establishes water quality standards for water that enters the groundwater system by penetrating through the surface of the subject property.
(4) Water that leaves the subject property by conveyance directly into a sanitary sewer system or from a septic tank system is not regulated by this title. Lakehaven Utility District Resolution, Midway Sewer District Resolution and/or Code of the King County Board of Health, Title 13, applies to water quality in these situations.
(Ord. No. 09-630, § 22, 10-20-09; Ord. No. 09-619, § 6, 7-21-09; Ord. No. 90-43, § 2(115.150(1)), 2-27-90. Code 2001 § 22-1196.)
16.45.040 Quality of water entering streams and lakes.
(1) Generally. The quality of any water entering any stream or lake or Puget Sound directly from the subject property must meet the water quality standards established under the authority of Chapter 90.48 RCW, and contained within Chapter 173-201 WAC, which standards are hereby incorporated by reference.
(Ord. No. 09-630, § 23, 10-20-09; Ord. No. 09-619, § 7, 7-21-09; Ord. No. 90-43, § 2(115.150(2)), 2-27-90. Code 2001 § 22-1197.)
16.45.050 Quality of water entering the public stormwater system.
All water directly entering the public stormwater system from the subject property must meet the following water quality standards:
(1) Fecal coliforms levels may not exceed a geometric mean of 50 organisms per 100 milliliters, with not more than 10 percent of the samples exceeding 100 organisms per 100 milliliters.
(2) Dissolved oxygen must exceed 9.5 milligrams per liter.
(3) The concentration of total dissolved gas may not exceed 110 percent of saturation at any point of sample collection.
(4) The pH must be within the range of 6.5 to 8.5. In addition, the water leaving the subject property may not change the pH of the public stormwater system by more than 0.2 units.
(5) The temperature of the water entering the public storm sewer system may not exceed 16.0 degrees Celsius as a result of human activity. In addition, temperature increases in the public storm sewer system may not, as a result of human activity, exceed t = 23/(T + 5).
(6) The turbidity of the water leaving the subject property may not exceed five NTUs (Nephlometric Turbidity Units) over the background turbidity when the background turbidity is 50 NTUs or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTUs.
(7) The water leaving the subject property may not contain toxic or deleterious materials except those which result from reasonable and safe activities which are associated with and accessory to an allowable use conducted on the subject property.
(Ord. No. 90-43, § 2(115.150(3)), 2-27-90. Code 2001 § 22-1198.)
16.45.060 Quality of water entering the ground.
Water that enters the groundwater system by penetrating through the surface of the subject property, other than from a septic tank, may not contain any toxic or deleterious materials except those which result from reasonable and safe activities which are associated with and accessory to an allowable use conducted on the subject property.
(Ord. No. 90-43, § 2(115.150(4)), 2-27-90. Code 2001 § 22-1199.)
16.45.070 Special enforcement provisions.
(1) Analysis conducted by state certified laboratory. As part of any investigation of a potential violation of this division, water samples will be analyzed by a state certified water quality laboratory capable of conducting the necessary analyses.
(2) Cost paid by property owner. If a violation of this division is found to exist, the owner of the subject property shall pay the city’s actual costs in conducting the laboratory analyses described in subsection (1) of this section.
(Ord. No. 90-43, § 2(115.150(5)), 2-27-90. Code 2001 § 22-1200.)
16.45.090 Enforcement.
(1) Violations. Notwithstanding the requirements of Chapter 16.50 FWRC and FWRC 16.55.010, if a person has properly designed, constructed, implemented, and is maintaining BMPs according to the BMP manual, is carrying out AKART as required or approved by the director, and/or has modified existing practices as specified by the director, and contaminants continue to enter surface water, stormwater or groundwater; or the person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site, then that person shall not be in violation of water quality provisions of this chapter. Said person, however, remains liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges in violation of this chapter that allow contaminants to enter surface water, stormwater or groundwater.
(2) Additional procedures. The director, in consultation with other departments of Federal Way government, will develop and implement additional guidance information which describes the goals, objectives, policies, and procedures for a water quality investigation and enforcement program. These procedures will describe how the city will characterize, investigate and respond to reports or instances of noncompliance with this title and shall identify by title the official(s) responsible for implementing the enforcement procedures. These procedures will also include direction on removing the source of discharge, notification of appropriate authorities, notification of property owner, and the means of providing technical assistance for eliminating the discharge. In addition, these procedures will include escalating enforcement and legal actions.
(3) Sampling and analysis. Whenever the director determines that any person has violated or is violating the provisions of this chapter, the director may require the person responsible for the violation to sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance with sampling and analytical procedures or requirements determined by the director. A copy of the analysis shall be provided to the Federal Way surface water management division.
(4) Summary abatement. Whenever any violation of this chapter causes or creates a condition which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the director may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. The costs of such summary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in Chapter 1.15 FWRC, Civil Enforcement of Code.
(Ord. No. 09-630, § 24, 10-20-09; Ord. No. 09-619, § 8, 7-21-09; Ord. No. 09-597, § 62, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-41.)
Cross references: Erosion and sedimentation regulation, FWRC 7.05.020; streets and sidewalks, FWRC Title 4, Division II; utilities, FWRC Title 11; environmental policy, FWRC Title 14; subdivision improvements, Chapter 18.60 FWRC; nonconformance, Chapter 19.30 FWRC; mitigation of development impact, Chapter 19.100 FWRC; zoning regulations regarding improvements, Chapter 19.135 FWRC; environmentally sensitive areas, FWRC Title 19, Division V.