Chapter 12.12
SURFACE AND STORMWATER – ILLICIT DISCHARGE DETECTION AND ELIMINATION
Sections:
12.12.020 Prohibited discharges.
12.12.030 Allowable discharges.
12.12.040 Conditional discharges.
12.12.050 Prohibition of illicit connections.
12.12.060 Inspection authority.
12.12.070 Inspection procedures.
12.12.075 Special enforcement provisions.
12.12.080 Violations and remedies.
12.12.010 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)” 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 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. “Director” means the Director of the Department of Public Works and/or designees.
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 (10) mg/Liter chlorine.
G. “Illicit discharge” means any direct or indirect nonstormwater discharge to the stormwater drainage system that causes or contributes to a violation of State water quality, sediment quality or groundwater quality standards, except as expressly allowed by this chapter.
H. “Illicit connection” means any manmade connection which directly or indirectly flows to the City’s municipal separate storm sewer system which results in a prohibited discharge, or any connection to the MS4 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 or indirectly to the municipal separate storm sewer system.
I. “Municipal separate storm sewer 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 SeaTac;
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, property owner, 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: soaps, 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. “Stormwater drainage system” means any constructed or natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater. “Stormwater drainage system” includes publicly owned or maintained stormwater features and privately owned stormwater drainage features which flow directly or indirectly into the MS4 or waters of the State.
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. 14-1008 § 3: Ord. 09-1041 § 1: Ord. 09-1024 § 1)
12.12.020 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 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 section; and
30. Any hazardous material or waste not listed above. (Ord. 09-1024 § 1)
12.12.030 Allowable discharges.
The following types of discharges shall not be considered illicit discharges for the purposes of this chapter:
A. Diverted stream flows;
B. Rising groundwaters;
C. Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20);
D. Uncontaminated pumped groundwater;
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;
L. Nonstormwater discharges authorized by another NPDES or state waste discharge permit;
M. Discharge from emergency fire fighting activities. (Ord. 14-1008 § 4: Ord. 09-1024 § 1)
12.12.040 Conditional discharges.
The following types of nonstormwater discharges shall not be considered illicit discharges for the purposes of this chapter, only if they meet the stated conditions:
A. Potable water, including but not limited to 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 total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenized 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 through public education and water conservation efforts;
C. Dechlorinated swimming pool, spa and hot tub discharges. These discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenized 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 or filtered backwash is considered a prohibited discharge;
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;
E. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a pollution prevention plan reviewed and approved by the City, which addresses control of such discharges by applying AKART to prevent contaminants from entering the MS4. (Ord. 14-1008 § 5: Ord. 09-1041 § 2: Ord. 09-1024 § 1)
12.12.050 Prohibition of illicit connections.
A. The construction, use, maintenance, or continued existence of illicit connections to the stormwater 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 or other nonstormwater flows to the stormwater drainage system, or allows such a connection to continue. (Ord. 09-1041 § 3: Ord. 09-1024 § 1)
12.12.060 Inspection authority.
Whenever implementing the provisions of this chapter or whenever there is cause to believe that a violation of this chapter has been or is being committed, the Director is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within SeaTac to determine compliance with the provisions of this chapter. (Ord. 09-1024 § 1)
12.12.070 Inspection procedures.
The City of SeaTac shall investigate illicit discharges in an effort to identify the source. If such discharges are tracked to a specific connection to the public stormwater drainage system, or directly to surface water or groundwater, inspection and investigation of that site will be initiated in compliance with State law. (Ord. 09-1024 § 1)
12.12.075 Special enforcement provisions.
A. Analysis Conducted by State-Certified Laboratory. As part of any investigation of a potential violation of this chapter, water samples may be analyzed by a State-certified water quality laboratory capable of conducting the necessary analyses.
B. Assessment for Laboratory Costs. If a violation of this chapter is found to exist through the use of water quality testing, the person responsible for the violation may be assessed the City’s actual costs in conducting the laboratory analyses described in subsection A of this section. (Ord. 14-1008 § 6: Ord. 09-1041 § 4)
12.12.080 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. Authority to enforce provisions of this chapter is granted to the Public Works Director or his/her designee.
B. Abatement. If a violation of this chapter presents an imminent and material risk of danger to persons, property or the public health, safety, welfare, or the environment, the City may summarily and without prior notice take any lawful action necessary to abate the violation. The City may assess any costs incurred by the City against the person responsible for the violation. Notice of such abatement, including the reason for it, shall be mailed or given to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate risks.
C. The City may pursue any remedy available at law or in equity, including, but not limited to, the following:
1. 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.
2. Enforcement. Violations of this chapter shall be enforced and remedied in the manner provided by SMC 1.15.045 through 1.15.075.
D. Monetary Penalties – IDDE. Any person violating any provision of this chapter is subject to the assessment of civil penalties pursuant to this chapter. The monetary penalty for each violation shall be as follows:
1. For residential violations (residential parcels up to four (4) dwelling units, as defined in SMC Title 15), the monetary penalty is one hundred dollars ($100.00) per day per violation.
2. For all other violations, the penalty is one thousand dollars ($1,000) per day per violation.
3. For repeat or intentional violations, monetary penalties shall be doubled.
4. Payment of a monetary penalty does not relieve the person to whom the penalty was issued, or assessed against, of the duty to correct the violation or the cost of abating the violation. (Ord. 14-1008 § 7: Ord. 09-1024 § 1)