HomeMy WebLinkAboutCOW 2010-02-08 Item 3C - Ordinance - Adopt TMC Chapter 14.31 Illicit Discharge Detection and Elimination Regarding Stormwater Sewer System CAS NUMBER: 10-013
SPONSOR'S
SUMMARY
Fund Source:
Comments:
MTG. DATE
02/08/10
02/16/10
MTG. DATE
02/08/10
02/1 6/10
Meeting Date
02/08/10
02/16/10
Prepared by
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CATEGORY Discussion Motion
Mtg Date 02/08/10 Mtg Date
COUNCIL AGENDA SYNOPSIS
ITEM INFORMATION
AGENDA ITEM TITLE Ordinance to adopt Surface Water Illicit Discharge Detection and Elimination
in TMC Chapter 14.31
Resolution
Mtg Date
Initials
May review
10RIGINAL AGENDA DA 1E: FEBRUARY 8, 2010
Ordinance Bid Award Public Hearing U Other
Mtg Date 02/16/10 Mtg Date
1SPONSOR Council Mayor U Adm Svcs n DCD I 1 Finance Fire Legal PeR Police Pik
This ordinance will establish new regulations for the Surface Water Management
regulations for Illicit Discharge Detection and Elimination per the National Pollutant
Discharge Elimination System (NPDES). NPDES requires that the City adopt the
requirements by February 15, 2010. This ordinance will meet all of the Department of
Ecology's requirements prohibiting all non stormwater discharges into the stormwater
system.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte n Arts Comm. n Parks Comm. Planning Comm.
DATE: 01/12/10 01/26/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST. IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
RECORD OF COUNCIL ACTION
ITEMNO.
3 c
Mtg Date Mtg Date
ATTACHMENTS
Informational Memorandum dated 01/06/10 (revised after UC for Council dates only)
Draft Ordinance
Minutes from the Utilities Committee meeting of 01/12/10 1/26/10
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City of Tukwila
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Director
DATE: January 6, 2010
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
SUBJECT: NPDES Program
Project No. 93 -DR10
Illicit Discharge Detection and Elimination Ordinance
ISSUE
Adopt an Illicit Discharge Detection and Elimination Ordinance per NPDES Requirements.
BACKGROUND
The National Pollutant Discharge Elimination System (NPDES) requires that the City adopt
regulations and other requirements outlined in the City's general permit that became effective
February 16, 2007. These requirements include providing regulations that prohibit most non
stormwater discharges to surface water systems.
DISCUSSION
The City's existing Surface Water Ordinance has regulations prohibiting most non stormwater
discharges to stormwater systems; however, these existing regulations did not completely meet the
requirements of the City's NPDES permit. Staff worked with the Department of Ecology's draft
guidance document to model a new ordinance which meets all current NPDES permit
requirements. This new ordinance has some minor changes which will minimally impact our
residential community.
RECOMMENDATION
The Council is being asked to approve the Illicit Discharge Detection and Elimination Ordinance
and consider this item at the February 8, 2010 Committee of the Whole meeting and subsequent
February 16, 2010 Regular Meeting.
attachment: IDDE Ordinance
W: \PW Eng \PROJECTSW- DR Projects \93 -dr10 (NPDES Program)1INFORMATION MEMO IDE Ordinance.doc
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING THE
CITY'S MUNICIPAL STORMWATER SEWER SYSTEM, TO BE CODIFIED
AT TUKWILA MUNICIPAL CODE CHAPTER 14.31, "ILLICIT DISCHARGE
DETECTION AND ELIMINATION REPEALING ORDINANCE NO. 2064,
§2 (PART); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the National Pollutant Discharge Elimination System (NPDES),
administered by the Environmental Protection Agency (EPA), is one of the primary
mechanisms for achieving the objectives of the Federal Clean Water Act; and
WHEREAS, the EPA has delegated responsibility to administer the NPDES permit
program to the State of Washington, pursuant to Chapter 90.48 RCW, which defines the
Department of Ecology's authority and obligations in administering the program; and
WHEREAS, the City of Tukwila (the "City is regulated under the Washington
State Department of Ecology's Western Washington Phase II Municipal Stormwater
Permit (the "Permit and
WHEREAS, the Permit extends the coverage of the NPDES permit program to
certain "small" municipal separate stormwater sewer systems, some of which are
located within the City; and
WHEREAS, the City is required to develop a Stormwater Management Program,
including adoption of an ordinance prohibiting all non stormwater discharges into the
municipal separate stormwater sewer systems and implementing appropriate
enforcement procedures and actions pursuant to the Permit; and
WHEREAS, the City wishes to adopt a new Chapter 14.31 of the Tukwila Municipal
Code (TMC) to govern illicit discharge detection and elimination pursuant to the
Permit;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. New Regulations Established. New surface water management
provisions, to be codified at Tukwila Municipal Code Chapter 14.31, "Illicit Discharge
Detection and Elimination," are hereby established to read as follows:
14.31.010 Purpose. The purpose of this chapter is to provide for the health, safety
and general welfare of the citizens of Tukwila, Washington, through the regulation of
non stormwater discharges to the stormwater 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 stormwater drainage system in order
to comply with requirements of the National Pollutant Discharge Elimination System
(NPDES) permit process. The objectives of this chapter are:
1. To regulate the contribution of pollutants to the stormwater drainage system
by stormwater discharges by any person.
2. To prohibit illicit connections and illicit discharges to the stormwater
drainage system.
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3. To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this chapter.
14.31.020 Definitions. Unless specifically defined below, words or phrases used in
this chapter shall be interpreted using the meaning they have in common usage and to
give this chapter its most reasonable application.
1. "AKART" means All Known, Available and Reasonable methods of
prevention, control and Treatment (see also the State Water Pollution Control Act,
Sections 90.48.010 RCW and 90.48.520 RCW).
2. "Best Management Practices" (BMPs) means schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution prevention
and educational practices, maintenance procedures and other management 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.
3. "Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C.
§1251 et seq), and any subsequent amendments thereto.
4. "Director" means the Director of Public Works or his or her designee.
5. "Groundwater" means water in a saturated zone or stratum beneath the
surface of the land or below a surface water body.
6. "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.
7. "Hyperchlorinated" means water that contains more than 10 mg /liter chlorine.
8. "Illicit discharge" means all non- surface water discharges to surface water
conveyance systems that cause or contribute to a violation of State water quality,
sediment quality or ground water quality standards. These discharges include sanitary
sewer connections, industrial process water, interior floor drains, car washing and grey
water systems.
9. "Illicit connections" means any man -made conveyance that is connected to a
stormwater drainage system without a permit, excluding roof drains or other similar
type connections. Examples include sanitary sewer connections, floor drains, channels,
pipelines, conduits, and inlets or outlets that are connected directly to the stormwater
drainage system.
10. "National Pollutant Discharge Elimination System Stormwater Discharge Permit"
means a permit issued by the Washington Department of Ecology under the authority
delegated pursuant to 33 U.S.C. §1342(b) (Clean Water Act) 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.
11. "Non- stormwater discharge" means any discharge to the stormwater drainage
system that is not composed entirely of stormwater.
12. "Person" means any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either the owner or as the
owner's agent.
13. "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; non hazardous liquid, solid waste and yard waste; refuse,
rubbish, garbage, litter or other discarded or abandoned objects, ordnance and
accumulations, so that same may cause or contribute to pollution; floatables; pesticides,
herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and
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pathogens; dissolved and particulate metals; animal waste; waste and residue that
results from constructing a building or structure; and noxious or offensive matter of any
kind.
14. "Pollution" means contamination or other alteration of the physical, chemical,
or biological properties of waters of the State that will or is likely to create a nuisance or
render waters harmful, detrimental or injurious 1) to public health, safety or welfare, or
2) to domestic, commercial, industrial, agricultural, recreational or other legitimate
beneficial uses, or 3) to livestock, wild animals, birds, fish or other aquatic life.
Contamination includes discharge of any liquid, gas or solid radioactive or other
substance. Alteration includes temperature, taste, color, turbidity or odor.
15. "Prenzises" means any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
16. "Stornzwater drainage system" means constructed and natural features which
function together as a system to collect, convey, channel, hold, inhibit, retain, detain,
infiltrate, divert, treat or filter stormwater.
17. "Stormwater" means that portion of precipitation that does not naturally
percolate into the ground or evaporate, but flows via overland flow, interflow, channels
or pipes into a defined surface water channel or a constructed infiltration facility.
18. "Stormwater Pollution Prevention Plan" means a document that describes the
best management practices and activities to be implemented by a person to identify
sources of pollution or contamination at premises and the actions to eliminate or reduce
pollutant discharges to stormwater, stormwater conveyance systems and/ or receiving
waters to the maximum extent practicable.
14.31.030 Applicability. This chapter shall apply to any materials and discharges
other than stormwater entering the stormwater drainage system generated on any
developed and undeveloped lands lying within the City of Tukwila. The Director is
authorized to adopt written procedures for the purpose of carrying out the provisions
of this chapter.
14.31.040 Responsibility for Administration.
A. Inspection Authority. The Director is authorized to develop and implement an
inspection program for the investigation of suspected illicit discharges and illicit
connections in the City of Tukwila.
B. Enforcement Authority. The Director shall enforce the requirements of this
chapter.
14.31.050 Discharge Prohibitions.
A. Prohibition of illicit discharges.
1. No person shall throw, drain or otherwise discharge or cause or allow others
under its control to throw, drain or otherwise discharge directly or indirectly into the
stormwater drainage system and /or surface and groundwaters any materials other
than stormwater.
2. Examples of prohibited 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 and heating oil.
d. Antifreeze and other automotive products.
e. Metals in either particulate or dissolved form.
f. Flammable or explosive material.
g. Radioactive material.
h. Batteries.
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i. Acids, alkalis or bases.
j. Paints, stains, resins, lacquers or varnishes.
k. Degreasers and /or solvents or drain cleaners.
1. Pesticides, herbicides or fertilizers.
m. Steam cleaning wastes.
n. Soaps, detergents or ammonia.
o. Swimming pool or spa filter backwash.
p. Chlorine, bromine or other disinfectants.
q. Heated water.
r. Domestic animal waste.
s. Sewage.
t. Recreational vehicle waste.
u. Animal carcasses.
v. Food waste.
w. Bark and other fibrous materials.
x. Lawn clippings, leaves or branches.
y. Silt, sediment, concrete, cement or gravel.
z. Chemicals not normally found in uncontaminated water.
aa. Any other process- associated discharge, except as otherwise allowed in
this section, and any hazardous material or waste not listed above.
B. Prohibition of illicit connections.
1. The construction, use, maintenance or continued existence of illicit
connections to the stormwater drainage system is prohibited.
2. 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.
3. A person is considered to be in violation of this chapter if that person allows a
currently- illicit stormwater drainage system connection to continue to exist.
14.31.060 Allowable Discharges. The following types of discharges shall not be
considered illicit discharges for the purposes of this chapter unless the Director
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 groundwater:
1. Diverted stream flows.
2. Rising groundwaters.
3. Uncontaminated groundwater infiltration, as defined in 40 Code of Federal
Regulations (CFR) 35.2005(20).
4. Uncontaminated pumped groundwater.
5. Foundation drains.
6. Air conditioning condensation.
7. Irrigation water from agricultural sources that is comingled with urban
stormwater.
8. Springs.
9. Water from crawl space pumps.
10. Footing drains.
11. Flows from riparian habitats and wetlands.
12. Discharges from emergency fire fighting activities.
14.31.070 Conditional Discharges. The following types of discharges shall not be
considered illicit discharges for the purposes of this chapter if they meet the stated
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conditions or unless the Director 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 groundwater:
1. 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 de- chlorinated to a concentration of 0.1 ppm or less, pH-
adjusted to a level within the range of 6.5 and 8.5, if necessary, and in volumes and
velocities controlled to prevent re- suspension of sediments in the stormwater system.
2. Lawn watering and other irrigation runoff are permitted but shall be
minimized.
3. De- chlorinated swimming pool discharges. These discharges shall be de-
chlorinated to a concentration of 0.1 ppm or Less, pH- adjusted to a level within the
range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent re-
suspension of sediments in the stormwater system.
4. 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.
5. Non stormwater discharges covered by another NPDES permit, provided 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 from the Director for any discharge to the stormwater drainage system.
6. Other non- stormwater 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 groundwater.
7. Storm system dye testing is allowable by the City and dye testing by others
requires written notification to the City with approval from the Director.
14.31.080 Enforcement.
Compliance with the requirements of this code shall be mandatory. The general
penalties and remedies established in TMC Chapter 8.45 for such violations shall apply
to any violation of this code.
Section 2. Repealer. Ordinance No. 2064, §2 (part), is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
Jim Haggerton, Mayor
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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UTILITIES COMMITTEE
Meeting Minutes
January 12, 2010 5.:00 p.m. Conference Room #1
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg
Staff: Bob Giberson, Greg Villanueva, Mike Cusick, Ryan Larsen, Pat Brodin, Gail Labanara,
Frank Iriarte, Robin Tischmak, Nora Gierloff, Rebecca Fox and Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No Presentations
City of Tukwila
Utilities Committee
II. BUSINESS AGENDA
A. 2010 -2011 Recvclina Grants
Staff is seeking full Council approval for the Mayor to sign and enter into an interlocat agreement with
the King County Solid Waste Division for Waste Reduction/Recycling grant funding in the amount of
$81,069. This funding will be used to support the Tukwila Recycling Program during 2010 -11.
The City is able to maintain and run the Tukwila Recycling Program through this grant funding which
cycles every two years. Monies are received through the Waste Reduction/Recycling Grant (administered
by King County) and often supplemented by funding received for the Washington Department of
Ecology.
The Tukwila Recycling Program is 100% grant funded, and includes residential as well as business based
recycling opportunities and other special collection events. UNANIMOUS APPROVAL. FORWARD
TO JANUARY 25 COW FOR DISCUSSION.
B. Surface Water Management Ordinance
Staff is seeking full Council approval of a draft ordinance adopting a Surface Water Design Manual
which will outline the requirements regarding detention, water quality and maintenance standards for
proposed developments. This ordinance will repeal and replace the current Surface Water Management
ordinance.
The primary purpose of this ordinance is to adopt the 2009 King County Surface Water Design Manual as
the City's. Adoption of such a manual is required by the National Pollutant Discharge and Elimination
System (NPDES). The manual must be approved by the Department of Ecology and adopted by February
15, 2010. Some surrounding cities have also chosen to adopt the King County Manual as their own.
The greatest impact this new manual will have on the City is the water detention requirement. Detention
requirements have increase in order to reduce sedimentary and water run -off from streams in an effort to
control erosion. UNANIMOUS APPROVAL. FORWARD TO JANURY 25 COW FOR
DISCUSSION.
C. Illicit Discharge Detection and Elimination Ordinance
Staff is seeking full Council approval of a draft ordinance regarding Illicit Discharge Detention and
Elimination which provides regulations prohibiting most non stormwater discharges to surface water
systems.
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Utilities Committee Minutes January 12. 2010 Paae 2
Previously, such regulations were addressed in the City's Surface Water Management Ordinance;
however, due to changes to the current ordinance and the need to improve and clarify illicit discharge
requirements, staff is recommending a separate ordinance addressing illicit discharge. The new ordinance
provides clear enforcement regulations. Staff worked with the Department of Ecology to ensure NPDES
permit requirements and regulations were addressed via this ordinance. UNANIMOUS APPROVAL.
FORWARD TO JANUARY 25 COW FOR DISCUSSION.
D. 2010 Public Works Utility Issues
As information only, staff gave a brief overview on items that are expected to be brought to Utilities
Committee during the next year. The information distributed the items into four categories: Surface
Water, Water, Sewer and Other. INFORMATION ONLY.
III. MISCELLANEOUS
Staff reported that NPDES permit requires that municipalities conduct a survey to determine consumer
awareness of surface water systems. Shortly, a sampling of customers will receive a survey in their
surface water bill. Exact details have not yet been determined.
Meeting adjourned at 5:52 p.m.
Next meeting: Tuesday, January 26 5:00 p.m. Conf. Room No. 1.
Committee Chair Approval
Minuted by 1 i. Reviewed by GL.
Utilities Committee Minutes January 26, 2070 Pade 2
policy calls for limiting billing and /or refunding back to 36 months from the claim or discovery date,
unless there was a change in ownership during that time. INFORMATION ONLY.
D. City Council Pre Retreat Budeet Review
As information only, staff gave a brief overview on items that are expected to be brought to Utilities
Committee during the next year. The information distributed the items into four categories: Surface
Water, Water, Sewer and Other. INFORMATION ONLY.
III. MISCELLANEOUS
At the January 12, 2010, Utilities Committee meeting, staff requested full Council approval of two
ordinances: Surface Water Management and Illicit Discharge Detection and Elimination. With unanimous
approval, the Committee forwarded each ordinance to the January 25 COW for discussion. Both items
were removed from the January 25 COW due to additional City Attorney updates.
Staff returned to update the Committee on theses changes which are primarily formatting and /or
clarification. However, some additional details were added to the ordinances including: an order of
precedence in the event of manual /handbook conflicts and tables outlining equivalency terms between the
manual languages used by King County compared to Tukwila. The Committee acknowledged the
changes. UNANIMOUS APPROVAL. FORWARD TO FEBRAURY 8 COW DISCUSSION.
Meeting adjourned at 6:28 p.m.
Next meeting: Tuesday, February 9, 2010 5:00 p.m. Conf. Room No. 1.
;SECTION r' r r'' >;i ;:BU PA E
Council I 28 -29
I Mayor's Office /Civil Service I 32 -34
City Clerk I 48 -49
Committee Chair Approval
M t !ems; Reviewed by GL.
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