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HomeMy WebLinkAboutUtilities 2010-01-12 Item 3C - Ordinance - Illicit Discharge Detection and EliminationCity of Tukwila TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: January 6, 2010 Attachment: IDDE Ordinance 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. BACKGROUN D The National Pollutant 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 which 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 Staff worked with the Department of Ecology's draft guidance document to model a new ordinance which meets all current NPDES permit requirements.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 January 25, 2009 Committee of the Whole meeting and subsequent February 1, 2009 Regular Meeting. W. \PW Eng PROJECTS \A- DR Projects \93•dr10 (NPDES Program) \INFORMATION MEMO fDE Ordinance doc AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING THE CITY'S MUNICIPAL STORMWATER SEWER SYSTEM, TO BE CODIFIED AT TUICWILA 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. W:\ Word Processing Ord inances \1DDL•.doc GV:ksn 1/7/2010 RAFT Page 1 of 5 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 any direct or indirect non stormwater discharge to the stormwater drainage system, except as exempted in the sections of this chapter titled "Allowable Discharges" and "Conditional Discharges." 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 pathogens; dissolved and particulate metals; animal waste; waste and residue that W;\ Word Processing Ordinances 1DDE,doc GV:sn1 /7/2010 Page 2 of 5 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. "Stormzoater" 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 Iirnited 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. W:\ Word Processing Ordinances \IDOE,doc CV:ksn 1/7/2010 Page 3 of 5 i. Acids, alkalis or bases. j. Paints, stains, resins, lacquers or varnishes, k. Degreasers and /or solvents or drain cleaners. I. 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 W: \Word Processing Ordinances \1DDE.doc CV:ksn 1/7/2010 Page 4 of 5 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 pprn 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 Ievel 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 13Y 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: W \Word Processing Ordinances \IUOG.doc GV:ksn 1/7/2010 Page 5 of 5