Chapter 20.25
ILLICIT DISCHARGE DETECTION AND ELIMINATION
Sections:
20.25.030 Prohibited discharges.
20.25.040 Allowable discharges.
20.25.050 Conditional discharges.
20.25.060 Prohibition of illicit connections.
20.25.070 Compliance monitoring.
20.25.090 Violations and remedies.
20.25.100 Director of public works interpretation authority.
20.25.010 Purpose.
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the city of Fircrest through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are:
(a) To regulate the contribution of pollutants to the MS4.
(b) To prohibit illicit connections and discharges to the MS4.
(c) To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this chapter. (Ord. 1480 § 2, 2009).
20.25.020 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)” means 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 storm water, receiving waters, or storm water 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) “Director” means the director of public works or his or her designee.
(e) “Ground water” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.
(f) “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.
(g) “Hyperchlorinated” means water that contains more than 10 milligrams/liter chlorine.
(h) “Illicit discharge” means any direct or indirect non-storm water discharge to the city’s storm drain system, except as expressly allowed by this chapter.
(i) “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 storm water system.
(j) “Municipal separate storm water 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 Fircrest;
(2) Designed or used for collecting or conveying storm water;
(3) Which is not a combined sewer. “Combined sewer” means a system that collects sanitary sewage and storm water in a single sewer system.
(k) “National Pollutant Discharge Elimination System (NPDES) storm water 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.
(l) “Non-storm water discharge” means any discharge to the storm drain system that is not composed entirely of storm water.
(m) “Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law.
(n) “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.
(o) “Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
(p) “Storm drainage system” means publicly owned facilities, including the city’s municipal separate storm water system, by which storm water 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.
(q) “Storm water” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.
(r) “Storm water 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 storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable. (Ord. 1480 § 3, 2009).
20.25.030 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 storm water.
(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 section; and
(30) Any hazardous material or waste not listed above. (Ord. 1480 § 4, 2009).
20.25.040 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 ground water:
(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) Uncontaminated water from crawl space pumps;
(j) Footing drains;
(k) Flows from riparian habitats and wetlands; and
(l) Discharge from emergency fire fighting activities. (Ord. 1640 § 3, 2019; Ord. 1480 § 5, 2009).
20.25.050 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 ground water:
(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 dechlorinated to a concentration of 0.1 ppm or less, pH adjusted, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the storm water system;
(b) Lawn watering and other irrigation runoff are permitted but shall be minimized;
(c) Dechlorinated Swimming Pool, Spa and Hot Tub Discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and oxygenated, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged;
(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. 1640 § 4, 2019; Ord. 1480 § 6, 2009).
20.25.060 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 MS4, or allows such a connection to continue. (Ord. 1480 § 7, 2009).
20.25.070 Compliance monitoring.
(a) Right of Entry – Inspection and Sampling. The director shall be permitted to enter and inspect premises subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter.
(1) The director shall be allowed ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
(2) The director shall have the right to set up on any premises such devices as are necessary to conduct monitoring and/or sampling of discharges from the site.
(3) The director has the right to require the owner or operator to install monitoring equipment as necessary. The sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator. All devices used to measure flow and quality shall be calibrated to ensure accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to the premises shall be promptly removed by the owner or operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the owner of the premises.
(b) Search Warrants. If the director has been refused access to any part of the premises from which a discharge has occurred or is likely to occur, and the director is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 1480 § 8, 2009).
20.25.080 Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence. In the event of a release of nonhazardous materials, said person shall notify the city in person or by phone, e-mail or facsimile. (Ord. 1480 § 9, 2009).
20.25.090 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) The city may pursue any civil remedy at law or in equity, including, but not limited to, the following:
(1) Nuisance. A violation of this chapter is a nuisance, which may be abated in the manner provided by Chapter 9.06 FMC.
(2) Injunction, Mandamus or Order. The city may institute a civil action for an injunction, writ of mandamus or order with respect to a violation of this chapter.
(d) Criminal Violation. A violation of this chapter is a misdemeanor. Any person convicted of violating the provisions of this chapter shall be subject to a fine of up to $1,000 or jail time not exceeding 90 days or both for each and every violation. Each day that the violation continues shall be a separate offense. (Ord. 1496 § 1, 2010; Ord. 1480 § 10, 2009).
20.25.100 Director of public works interpretation authority.
The director of public works or his/her designee shall have the authority to decide any questions which may arise pertinent to the interpretation and/or the application of the regulations of this chapter. (Ord. 1480 § 11, 2009).