HomeMy WebLinkAboutOrd 2275 - New Regulations for Stormwater Sewer System (Repealed by Ord 2675)of T
Washington
kwila
Cover page to Ordinance 2275
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF 'THE erry C TUKWILA,
WASH IN GTON, ESTABLISHING NW REG ULATIONS REG AR DI NG THE
CITY'S MUNICIPAL STORNIWATER SEWER SYSTEK "TO flt coDIFIED
AT TUKWILA MUNICIPAL UNA CHATTIER 14.31, 'ILLICIT DISCHARGE
D E T EDI ON AN D ELIMINATION": REPEALING OR N A NC E NO. 2064,
§2 (PART); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2275 was amended or repealed by the
following ordinances.
REPEALED
Section(s) Repealed
Repealed by Ord #
2675
City of Tukwila
Washington
Ordinance No. 2275
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. "Premises" means any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
16. "Stormwater 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 H day of F e J 2010.
ATTEST/ AUTHENTICATED:
a l� Ji aggerton, .r
Christy O'Flaherty, CMC, City Clerk
Y Y Y
APP i O ORM BY:
Office of iie City AAeiney
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or
Filed with the City Clerk: a 0 0
Passed by the City Council: I .J b -/0
Published:
Ordinance Number:
Date:
Page 5 of 5
SUMMARY OF
Ordinance No. 2275
City of Tukwila, Washington
On February 16, 2010 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2275, the main points of which are summarized by its title as follows:
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.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting thereof on February 16, 2010.
Published Seattle Times: February 22, 2010.
Christy O'Flaherty, nC, City Clerk U