Chapter 13.40
WATER QUALITY
Sections:
13.40.020 Discharges into waters.
13.40.030 Stormwater Pollution Prevention Manual.
13.40.070 Corrective actions, compliance, civil penalties, liability.
13.40.080 Construction – Intent.
13.40.010 Purpose.
The purpose of this chapter is to protect the City’s surface water and groundwater quality by providing minimum requirements for reducing and controlling the discharge of contaminants. The City Council recognizes that water quality degradation can result either directly from one discharge or through the collective impact of many small discharges. Therefore, this chapter prohibits the discharge of contaminants into surface water, stormwater or groundwater, and outlines preventive measures to restrict contaminants from entering those waters. These measures include the implementation of best management practices (BMPs) by the residents and businesses of Maple Valley.
The City Council finds this chapter is necessary to protect the health, safety and welfare of the residents of Maple Valley and the integrity of the City’s resources for the benefit of all by: minimizing or eliminating water quality degradation; preserving and enhancing the suitability of waters for recreation, fishing, and other beneficial uses; and preserving and enhancing the aesthetic quality and biotic integrity of the water. The City Council recognizes that implementation of this chapter is required under the federal Clean Water Act, 33 U.S.C. 1251 et seq. In meeting the intent of the Clean Water Act the City Council also recognizes the importance of maintaining economic viability while providing necessary environmental protection and believes this chapter helps achieve both goals. (Ord. O-20-687 § 1 (Exh. A)).
13.40.020 Discharges into waters.
A. 1. It is unlawful for any person to discharge any contaminants into surface water, stormwater, or groundwater. Contaminants include, but are not limited to, the following:
a. Trash or debris;
b. Construction materials;
c. Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil;
d. Antifreeze and other automotive products;
e. Metals in either particulate or dissolved form;
f. Flammable or explosive materials;
g. Radioactive material;
h. Batteries;
i. Acids, alkalis, or bases;
j. Paints, stains, resins, lacquers or varnishes;
k. Degreasers and solvents;
l. Drain cleaners;
m. Pesticides, herbicides or fertilizers;
n. Steam cleaning wastes;
o. Soaps, detergents or ammonia;
p. Swimming pool backwash;
q. Chlorine, bromine and other disinfectants;
r. Heated water;
s. Domestic animal wastes;
t. Sewage;
u. Recreational vehicle waste;
v. Animal carcasses;
w. Food wastes;
x. Bark and other fibrous materials;
y. Collected lawn clippings, leaves or branches;
z. Silt, sediment or gravel;
aa. Dyes, except as stated in subsection (D)(1) of this section;
bb. Chemicals not normally found in uncontaminated water;
cc. Any hazardous material or waste not listed above.
2. Illicit Connections. Any connection identified by the Director that could convey anything not composed entirely of surface and stormwater directly to surface and stormwater or groundwater is considered an illicit connection and is prohibited with the following exceptions:
a. Connections conveying allowable discharges;
b. Connections conveying discharges pursuant to an NPDES permit, other than an NPDES stormwater permit, or a State waste discharge permit; and
c. Connections conveying effluent from on-site sewage disposal systems to subsurface soils.
B. BMPs shall be applied to any business or residential activity that might result in prohibited discharges as specified in the Stormwater Pollution Prevention Manual or as determined necessary by the Director. Activities that might result in prohibited discharges include but are not limited to the following:
1. Potable water line flushing;
2. Lawn watering with potable water;
3. Dust control with potable water;
4. Automobile and boat washing;
5. Pavement and building washing;
6. Swimming pool and hot tub maintenance;
7. Auto repair and maintenance;
8. Building repair and maintenance;
9. Landscape maintenance;
10. Hazardous waste handling;
11. Solid and food waste handling; and
12. Application of pesticides.
C. The following types of nonstormwater discharges shall not be considered prohibited discharges for the purpose of this chapter unless the Director determines that the type of discharge, whether singly or in combination with other discharges, is causing significant contamination of surface and stormwater or groundwater:
1. Diverted stream flows;
2. Rising groundwaters;
3. Uncontaminated groundwater that seeps into or otherwise enters stormwater conveyance systems through such means as defective pipes, pipe joints, connections, or manholes;
4. Uncontaminated pumped groundwater;
5. Foundation drains;
6. Air conditioning condensation;
7. Irrigation water from agricultural sources that is commingled with urban stormwater;
8. Springs;
9. Uncontaminated water from crawl space pumps;
10. Footing drains;
11. Flows from riparian habitats and wetlands;
12. Nonstormwater discharges authorized by another NPDES or State waste discharge permit;
13. Discharges from emergency firefighting activities in accordance with Washington State Department of Ecology NPDES permit authorized discharges;
14. Discharges from potable water sources, including but not limited to water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4;
15. Discharges from lawn watering and other irrigation runoff. These discharges shall be minimized through water conservation efforts;
16. Dechlorinated swimming pool, spa and hot tub discharges. The discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and deoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. 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 to the MS4;
17. Street and sidewalk wash water, water used to control dust, and routine external building washdown that does not use detergents. These discharges shall minimize the amount of street wash and dust control water used;
18. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a pollution prevention plan reviewed by the City, which addresses control of such discharges.
D. 1. Dye testing is allowable but requires verbal notification to the City at least one day prior to the date of test. The City is exempt from this requirement.
2. A person does not violate subsection (A) of this section if:
a. That person has properly designed, constructed, implemented and is maintaining BMPs and is carrying out AKART as required by this chapter, but contaminants continue to enter surface and stormwater or groundwater; or
b. That person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site.
3. A person who, under subsection (D)(2) of this section, is not in violation of subsection (A) of this section is liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs or other discharges that allow contaminants to enter surface and stormwater or groundwater.
4. Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter in order to avoid an imminent threat to public health or safety shall be exempt from this section. The Director by public rule may specify actions that qualify for this exception in City procedures. A person undertaking emergency response activities shall take steps to ensure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence. (Ord. O-20-687 § 1 (Exh. A)).
13.40.030 Stormwater Pollution Prevention Manual.
A. Compliance with this chapter shall be achieved through the use of the BMPs described in the Stormwater Pollution Prevention Manual. In applying the Stormwater Pollution Prevention Manual, the Director shall first require the implementation of source control BMPs. If these are not sufficient to prevent contaminants from entering surface water, stormwater or groundwater, the Director may require implementation of treatment BMPs as set forth in AKART. The Public Works Department will provide, upon reasonable request, available technical assistance materials and information, and information on outside financial assistance options to persons required to comply with this chapter.
B. In applying the Stormwater Pollution Prevention Manual to prohibited discharges from normal single-family residential activities, the Director shall use public education and warnings as the primary methods for gaining compliance with this chapter and shall not use citations, notice and orders, assessment of civil penalties and fines, or other compliance actions as authorized in MVMC Title 4, unless the Director determines:
1. The discharge from a normal single-family residential activity, whether singly or in combination with other discharges, is causing a significant contribution of contaminants to surface water, stormwater or groundwater; or
2. The discharge from a normal single-family residential activity constitutes a hazard as set forth in MVMC 13.40.050.
C. Any person implementing BMPs through another federal, State or local program will not be required to implement the BMPs prescribed in the Stormwater Pollution Prevention Manual, unless the Director determines that the other program’s BMPs are ineffective at reducing the discharge of contaminants or not being implemented. If the other program requires the development of a stormwater pollution prevention plan or other BMP plan, the person shall make the plan available to the City upon request. Persons who qualify for exemptions include, but are not limited to, persons:
1. Required to obtain a general or individual NPDES permit from the Washington State Department of Ecology;
2. Implementing and maintaining, as scheduled, a King Conservation District-approved farm management plan;
3. Implementing BMPs in compliance with the management program of the City’s municipal NPDES permit;
4. Engaged in forest practices, with the exception of forest practices occurring on lands platted after January 1, 1960, or on lands being converted to another use or when regulatory authority is otherwise provided to local government by RCW 76.09.240; or
5. Identified by the Director as being exempt from this section. (Ord. O-20-687 § 1 (Exh. A)).
13.40.040 Enforcement.
A. The Director is authorized to carry out enforcement actions pursuant to the enforcement and penalty provisions of MVMC Title 4 and other enforcement provisions adopted by rule under the procedures of MVMC Title 2.
B. The Director shall gain compliance with this chapter by requiring the implementation of BMPs and, when necessary, AKART. The Director shall initially use education and technical assistance as much as possible to gain compliance with this chapter, unless the Director determines a violation is a result of a flagrant act that should be addressed through immediate penalties or constitutes a hazard as set forth in MVMC 13.40.050.
C. The Director, in consultation with other departments of the City government, shall develop and implement additional enforcement procedures. The procedures shall indicate how the City will investigate and respond to reports or instances of noncompliance with this chapter and shall identify by title the official or officials responsible for implementing the enforcement procedures.
D. 1. The Director may perform such inspections and take any actions necessary to enforce this chapter.
2. The Director may observe the implementation of BMPs or examine or sample surface water, stormwater or groundwater as often as necessary to determine compliance with this chapter. Whenever an inspection of a property is made, observed violations shall be documented and this documentation provided to the responsible party.
3. When the Director determines under subsection (D)(2) of this section that a person is violating this chapter, the Director may require the violator to sample and analyze any discharge, surface water, stormwater, groundwater or sediment, or any combination thereof, in accordance with sampling and analytical procedures or requirements determined by the Director. If the violator is required to complete this sampling and analysis, a copy of the analysis shall be provided to the Public Works Department.
E. In addition to any other penalty or method of enforcement, the prosecuting attorney may bring actions for injunctive or other relief to enforce this chapter.
F. Enforcement actions taken under this section shall be subject to the appeal procedures in MVMC Title 4. (Ord. O-20-687 § 1 (Exh. A)).
13.40.050 Hazards.
A. The Director may determine that any violation of this chapter constitutes a hazard if the violation:
1. Poses a threat to public health, safety or welfare; or
2. Endangers any property; or
3. Adversely affects the safety and operation of any City right-of-way, utilities, or other property owned or maintained by the City.
B. Upon determining that a violation constitutes a hazard, the Director shall immediately notify the responsible party and shall provide a verbal or written determination of the hazard that specifies the date by which the hazard shall be corrected.
C. Upon receipt of the Director’s written hazard determination, the responsible party shall correct the hazard by the date specified.
D. Notwithstanding any other provisions of this chapter, upon reasonable belief that any of the conditions described in subsection (A)(1) or (3) of this section exist, the Director may enter at all times in or upon any public or private property for the purpose of investigating the existence of a hazard.
E. The Director may without prior notice require the immediate discontinuance of any violation causing the hazard. Failure to comply shall constitute a willful violation of this chapter. (Ord. O-20-687 § 1 (Exh. A)).
13.40.060 Criminal penalty.
Any willful violation of an order issued pursuant to MVMC 13.40.040 or 13.40.050 for which a criminal penalty is not prescribed by State law is a misdemeanor. (Ord. O-20-687 § 1 (Exh. A)).
13.40.070 Corrective actions, compliance, civil penalties, liability.
The enforcement provisions for water quality are intended to encourage compliance with this chapter. To achieve this, responsible parties will be required to take corrective action and comply with this chapter, and may be required to pay a civil penalty and restitution payment for the redress of ecological, recreational and economic values lost or damaged due to their unlawful action.
A. The provisions in this section are in addition to and not in lieu of any other penalty, sanction or right of action provided by law.
B. Any responsible party in violation of this chapter shall be subject to civil penalties assessed as follows:
1. An amount reasonably determined by the Director to be equivalent to the economic benefit the responsible party derives from the violation as measured by: the greater of the resulting increase in market value of the property or business value received or savings of construction or retrofitting costs realized; and
2. An amount of civil penalties, not to exceed $10,000 per violation per day, that is reasonably based upon the nature and gravity of the violation and the cost to the City of enforcing this chapter against the violator.
C. Any person who, through an act of commission or omission, aids or abets in a violation shall be considered to have committed the violation for the purposes of the civil penalty.
D. In addition to civil penalties, a responsible party whose violation of this chapter causes damage to or impairs a drainage facility, or causes damage to physical, chemical, or biological systems of waters of the State or waters of the United States, shall be liable to and reimburse the City for any restitution, damage, cost and expense caused by such a violation or discharge.
E. Each responsible party is jointly and severally liable for a violation of this chapter. The Director may take enforcement action, in whole or in part, against any responsible party. The decisions of whether to take enforcement action, what type of action to take, and which person to take action against, are all entirely within the Director’s discretion. Factors to be used in taking such enforcement actions shall include whether or not:
1. The violation caused any environmental or resource damage;
2. Action was taken to remedy the problem after a violation occurred;
3. It was a willful or knowing violation;
4. The violation was a result of improper operation, inadequate maintenance or inadequate implementation of required BMPs or of a required plan that addresses stormwater management source control BMPs;
5. There is a history of compliance problems on the property or with the responsible party;
6. There is infrastructure damage or additional maintenance required of conveyance system, drainage facilities or right-of-way due to the violation;
7. There was an illicit connection; and
8. Anyone benefited economically from noncompliance.
F. Civil penalties as provided for under subsection (B)(2) of this section shall be assessed daily for any failure to comply with a notice and order or a voluntary compliance agreement for the first 30 days following the date the notice and order or voluntary compliance agreement that required the violation to have been corrected. If after 30 days the person responsible for correcting the violation has failed to do so, penalties shall be double that of the initial rate for each day thereafter, until the violation is corrected.
G. Civil penalties as provided for under subsection (B)(2) of this section that are assessed for a violation of a cease discharge order shall be applied daily for each day that the Director determines that work or activity was done in violation of the cease discharge order.
H. In the event more than one person is determined to have violated this chapter, all applicable civil penalties may be imposed against each person, and recoverable damages, costs, and expenses may be allocated among the persons on any equitable basis. Factors that may be considered in determining an equitable allocation include:
1. Each person’s:
a. Culpability or degree of involvement in the violation;
b. Awareness of the violation;
c. Ability to correct the violation;
d. Ability to pay damages, costs, and expenses;
e. Cooperation with government agencies; and
f. Degree of impact or potential threat to water or sediment quality, human health, or the environment.
I. The Director may engage in mitigation discussions with the responsible party. The Director may reduce the penalties based upon one or more of the following mitigating factors:
1. The person responded to the City and cooperated with efforts to correct the violation;
2. The person showed due diligence or substantial progress, or both, in correcting the violation; or
3. An unknown person was the primary cause of the violation.
J. Payment of a monetary penalty under this chapter does not relieve the responsible party of the duty to correct the violation.
K. All civil penalties recovered during enforcement of this chapter shall be deposited into a fund of the Department taking the enforcement action and, subject to appropriation, shall be used for the protection of surface water, stormwater or groundwater as set forth in this chapter, through education or other implementation procedures determined by the Director.
L. Civil penalties assessed under this section may be appealed in accordance with the appeal and waiver procedures for civil penalties in MVMC Title 4. (Ord. O-20-687 § 1 (Exh. A)).
13.40.080 Construction – Intent.
This chapter is enacted as an exercise of the City’s power to protect and preserve the public health, safety and welfare. Its provision shall be exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. This chapter is not enacted to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
The primary obligation of compliance with this chapter is placed upon the person holding title to the property. Nothing contained in this chapter is intended to be or shall be construed to create or form a basis for liability for the City, the Department, its officers, employees or agents for any injury or damage resulting from the failure of the person holding title to the property to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter by the City, department, its officers, employees or agents. (Ord. O-20-687 § 1 (Exh. A)).