Chapter 13.05
WATER POLLUTION
Sections:
13.05.025 Discharges into Newcastle waters.
13.05.035 Stormwater Pollution Prevention Manual.
13.05.080 Civil penalties for water quality.
13.05.090 Construction – Intent.
13.05.100 Violation – Penalty.
13.05.005 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. 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 and stormwater and groundwater, and outlines preventive measures to restrict contaminants from entering such waters. These measures include the implementation of best management practices (BMPs) and promotion of low impact development (LID) as the preferred approach to site development by the residents of the city of Newcastle.
LID principles and BMPs include preserving or re-creating natural landscape features and minimizing imperviousness to create functional and appealing site drainage that treats stormwater as a resource rather than a waste product. By implementing LID principles and practices, stormwater can be managed in a way that reduces the impact of built areas and promotes the natural movement of water within an ecosystem.
The city council finds this chapter is necessary to protect the health, safety and welfare of the residents of the city of Newcastle 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. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 30 § 1 Exh. A, 1994).
13.05.015 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. “AKART” is an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution.
B. “Best management practices” or “BMPs” means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.
C. “Bioretention” means a flow control best management practice consisting of a shallow landscaped depression designed to temporarily store and promote infiltration of stormwater runoff. Standards for bioretention design, including soil mix, plants, storage volume and feasibility criteria, are specified in Appendix C of the current King County Surface Water Design Manual.
D. “Clean Water Act” means 33 U.S.C. 1251 et seq., as amended.
E. “City” means the city of Newcastle.
F. “Department” means the city of Newcastle department of public works.
G. “Director” means the director of the Newcastle department of public works, other department directors specified in enforcement procedures established pursuant to this chapter, or any duly authorized representatives of such directors.
H. “Discharge” means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter to flow, run, or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted or poured into water.
I. “Drainage facility” means the system that collects, conveys, and stores surface and stormwater runoff. Drainage facilities shall include but not be limited to all surface and stormwater conveyance and containment facilities including streams, pipelines, channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities, retention/detention facilities, bioretention facilities, erosion/sedimentation control facilities and other drainage structures and appurtenances, both natural and artificial.
J. “Forest practices” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, as defined in Chapter 222-16 WAC.
K. “Groundwater” means all waters that exist beneath the land surface or beneath the bed of any stream, lake, or reservoir, or other body of surface water, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves.
L. “National pollutant discharge elimination system” or “NPDES” means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington State Department of Ecology.
M. “NPDES permit” means an authorization, license, or equivalent control document issued by the Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program.
N. “Person” means an individual, their agents or assigns; municipality; political subdivision; government agency; partnership; corporation; business; or any other entity.
O. “Source control BMP” means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW for details.
P. “State waste discharge permit” means an authorization, license, or equivalent control document issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC.
Q. “Stormwater Pollution Prevention Manual” means the manual adopted in accordance with NMC 13.05.035 and supporting documents referenced or incorporated in the manual describing the design, maintenance, and procedures for source control BMPs.
R. “Surface and stormwater” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater.
S. “Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow.
T. “Stormwater treatment and flow control BMPs/facilities” means detention facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet LID principles for treatment, flow control, or both. (Ord. 2022-645 § 3; Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 30 § 1 Exh. A, 1994).
13.05.025 Discharges into Newcastle waters.
A. Unlawful Connections. Any connection, identified by the city, that could convey anything not composed entirely of surface and stormwater directly to surface and stormwater or groundwater is considered an unlawful connection and is prohibited with the following exceptions:
1. Connections conveying allowable discharges;
2. Connections conveying discharges pursuant to an NPDES permit (other than an NPDES stormwater permit) or a state waste discharge permit; and
3. Connections conveying effluent from on-site sewage disposal systems to subsurface soils.
B. Conditionally Allowable Discharges. The city may allow the following categories of nonstormwater discharges only if the stated conditions are met:
1. 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.
2. Discharges from lawn watering and other irrigation runoff.
3. 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 reoxygenized 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.
4. Street and sidewalk wash water, water used to control dust, and routine external building washdown that does not use detergents.
5. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a pollution prevention plan reviewed by the city.
C. Allowable Discharges. The following types of discharges shall be considered allowable discharges for the purpose of this chapter unless the city determines that the type of discharge, whether singly or in combination with others, is causing significant contamination of surface and stormwater or groundwater:
1. Spring water;
2. Diverted stream flows;
3. Uncontaminated water from crawl space pumps or footing drains;
4. Air conditioning condensation;
5. Irrigation water from agricultural sources that is commingled with stormwater;
6. Nonstormwater discharges authorized by another NPDES or state waste discharge permit;
7. Discharges from emergency fire fighting activities;
8. Pumping uncontaminated groundwater;
9. Uncontaminated groundwater infiltration;
10. Flows from riparian habitats and wetlands.
D. Exceptions.
1. Dye testing is allowable but requires verbal notification to the department of community development at least one day prior to the date of test; provided, however, the King County health department is exempt from this requirement.
2. If a person has properly designed, constructed, implemented and is maintaining BMPs, and is carrying out AKART as required by this chapter, and contaminants continue to enter surface and 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; that person shall not be in violation of subsection (A) of this section. Such person, however, is still liable for prohibited discharges through unlawful connections, dumping, spills, improper maintenance of BMPs, or other discharges that allow contaminants to enter surface and stormwater or groundwater.
3. Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public health or safety, shall be exempt from this section. The director may specify actions that qualify for this exception in city procedures. The person responsible for emergency response activities should take steps to ensure that the discharges resulting from such activities are minimized to the greatest extent possible. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 30 § 1 Exh. A, 1994).
13.05.035 Stormwater Pollution Prevention Manual.
A. Compliance with this chapter shall be achieved through the use of the BMPs described in the current King County Stormwater Pollution Prevention Manual. In applying the Stormwater Pollution Prevention Manual guidelines, the city shall first require the implementation of source control BMPs. If these are not sufficient to prevent contaminants from entering surface and stormwater or groundwater, the city may require implementation of treatment BMPs, utilizing AKART.
B. In applying the current King County Stormwater Pollution Prevention Manual to prohibit discharges from normal single-family residential activities, the city shall not use citations, notice and orders, assessment of civil penalties and fines, or other compliance actions as authorized in this chapter and NMC Title 4 unless the city determines the discharge:
1. Is causing a significant contribution of contaminants to surface and stormwater or groundwater; or
2. Poses a hazard to the public health, safety or welfare, or endangers any property; or
3. Adversely affects the safety and operation of city right-of-way, utilities, or other city-owned or maintained property.
C. Exemptions. Persons implementing source control BMPs through another federal, state or local program will not be required to implement the BMPs prescribed in the Stormwater Pollution Prevention Manual, provided the proposed BMPs are equivalent or greater to those in the Stormwater Pollution Prevention Manual in reducing pollutant contributions to the surface and stormwater drainage system. Persons who qualify for exemptions include, but are not limited to, persons who are:
1. Required to obtain a general or individual NPDES permit for stormwater discharges from the Washington State Department of Ecology;
2. Implementing BMPs in compliance with the management program of the city’s municipal NPDES permit; or
3. Engaged in forest practices, with the exception of Class IV and Class IVA special general forest practices. This section will apply to Class IV general forest practices occurring on lands platted after January 1, 1960, or on lands being converted to another use, or where the activity is taking place in areas designated by the Washington State Department of Natural Resources as “lands with a likelihood of future conversion”; or regulatory authority is otherwise provided to local government. (Ord. 2022-645 § 3; Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 30 § 1 Exh. A, 1994).
13.05.045 Administration.
The director is authorized to promulgate and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter. The director will coordinate the implementation and enforcement of this chapter with relevant departments of King County government as well as neighboring cities. (Ord. 2009-417 § 2 (Att. 1); Ord. 30 § 1 Exh. A, 1994).
13.05.050 Inspections.
A. The city is authorized to make inspections and take such actions as may be required to enforce the provisions of this chapter following the right-of-entry procedures in NMC 4.05.040.
B. The city may observe BMPs or examine or sample surface and stormwater or groundwater as often as may be necessary to determine compliance with this chapter. Whenever an inspection of a property is made, the findings shall be recorded and a copy of the inspection report shall be furnished to the owner or the person in charge of the property after the conclusion of the investigation and completion of the inspection report.
C. When the city has reason to believe that any person is violating this chapter, the city may require the violator 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 city. If the violator is required to complete this sampling and analysis, a copy of the analysis shall be provided to the department. (Ord. 2009-417 § 2 (Att. 1)).
13.05.055 Enforcement.
A. The city is authorized to carry out enforcement actions pursuant to the enforcement and penalty provisions of this chapter and NMC Title 4.
B. In addition to any other penalty or method of enforcement, the city may pursue any remedy of law or equity to enforce the provisions of this chapter. (Ord. 2009-417 § 2 (Att. 1); Ord. 30 § 1 Exh. A, 1994. Formerly 13.05.050).
13.05.060 Hazards.
Whenever the city determines that any violation of this chapter poses a hazard to public health, safety and operation of city right-of-way utilities, and/or other property owned or maintained by the city, the property owner and/or responsible party shall, upon receipt of notice in writing from the city, address the cause of the hazardous situation in conformance with the requirements of this chapter and the time period specified in the notice.
In the event the violation constitutes an immediate danger to public health or safety, the city is authorized to take any and all measures necessary to abate the violation and/or restore the property. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking further relief or applying other penalties as outlined in NMC Title 4. (Ord. 2009-417 § 2 (Att. 1); Ord. 30 § 1 Exh. A, 1994).
13.05.080 Civil penalties for water quality.
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, including the provisions outlined in NMC Title 4.
B. Any person in violation of this chapter shall be subject to civil penalties assessed as follows:
1. An amount reasonably determined by the city to be equivalent to the economic benefit the violator derives from the violation as measured by: the greater of the resulting increase in market value of the property or business value received by the violator, or savings of construction or retrofitting costs realized by the violator performing any act in violation of this chapter; and
2. An amount, not to exceed $25,000, that is reasonable 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. Each violator is jointly and severally liable for a violation of this chapter. The city may take enforcement action, in whole or in part, against any violator. The decisions whether to take enforcement action, what type of action to take, and which person to take action against, are all entirely within the city’s discretion.
E. Payment of a monetary penalty pursuant to this chapter does not relieve the person of the duty to correct the violation.
F. All civil penalties recovered during the enforcement of this chapter shall be deposited into the surface water management fund and shall be used for the protection of surface and stormwater or groundwater as set forth in this chapter, through education or enhanced implementation. (Ord. 2009-417 § 2 (Att. 1); Ord. 30 § 1 Exh. A, 1994).
13.05.090 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 provisions 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.
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. 2009-417 § 2 (Att. 1); Ord. 30 § 1 Exh. A, 1994).
13.05.100 Violation – Penalty.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof punished pursuant to general city ordinance. (Ord. 2009-417 § 2 (Att. 1); Ord. 28 § 2, 1994).