Chapter 13.126
STORM DRAINAGE SYSTEM
Sections:
13.126.040 Responsibility for administration.
13.126.060 Prohibition of illicit discharges.
13.126.070 Prohibition of illicit connections.
13.126.080 Suspension due to illicit discharges in emergency situations.
13.126.090 Suspension due to the detection of illicit discharge.
13.126.100 Industrial or construction activity discharges.
13.126.110 Access to facilities premises.
13.126.117 Watercourse protection.
13.126.120 Notification of spills.
13.126.130 Enforcement—Written warning.
13.126.140 Enforcement—Citation and cost of remediation.
13.126.010 Purpose.
The purpose of this chapter is to provide for the health, safety, and general welfare of the community through the regulation of non-stormwater discharges to the storm 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 municipal separate storm sewer system (MS4) in order to comply with requirements of the national pollutant discharge elimination system (NPDES) permit process. The objectives of this chapter are:
A. To regulate the contribution of pollutants to the MS4 by any user;
B. To prohibit illicit connections to the MS4; and
C. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter. (Ord. 09-10 § 1, 2009)
13.126.020 Applicability.
This chapter shall apply to all water and wastewater entering the MS4 unless explicitly exempted by this chapter or the department. (Ord. 09-10 § 2, 2009)
13.126.030 Definitions.
A. For the purposes of this chapter, the following definitions shall apply:
1. “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.
2. “Department” means the city of Battle Ground public works department.
3. “Director” means the director of the city of Battle Ground public works department.
4. “Enforcement agent” means employees or designees of the director charged with the enforcement of this chapter.
5. “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.
6. “Illicit discharge” means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in BGMC 13.126.070(B).
7. “Illicit connection” is defined as either of the following: any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved; or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the department.
8. “Municipal separate storm sewer system (MS4)” means publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs, and other drainage structures.
9. “National pollutant discharge elimination system (NPDES) stormwater discharge permit” means a permit issued by Washington State Department of Ecology (DOE) and the United States Environmental Protection Agency (EPA) 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.
10. “Non-stormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
11. “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.
12. “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; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations; 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.
13. “Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
14. “Stormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
15. “Stormwater pollution prevention plan (SWPPP)” means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
16. “Wastewater” means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
17. “Watercourse” means a river, stream, intermittent stream, ditch, brook, channel, lake, pond, manmade pond, estuarine water, swamp, bog, vernal pool, playa, and all other bodies of water, natural or artificial, intermittent or permanent, public or private which allows for the flow, drainage, or passage of surface water through multiple lots, properties, or parcels at least a portion of each year. (Ord. 20-07 § 1 (part), 2020; Ord. 09-10 § 3, 2009)
13.126.040 Responsibility for administration.
The director shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the director may be delegated in writing by the director to persons or entities acting in the beneficial interest of or in the employ of the city. (Ord. 09-10 § 4, 2009)
13.126.050 Minimum standards.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. (Ord. 09-10 § 5, 2009)
13.126.060 Prohibition of illicit discharges.
A. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.
B. Examples of prohibited pollutants include but are not limited to the following:
1. Trash or debris;
2. Construction material;
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 cleaning wastewater or 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 (unless approved by the city);
28. Wash water;
29. Chemicals not normally found in uncontaminated water;
30. Any other process-associated discharge except as otherwise allowed in this section.
C. The commencement, conduct or continuance of any discharge other than stormwater to the storm drain system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by this chapter: diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)), uncontaminated pumped ground water, foundation drains, air conditioning condensation, irrigation water from agricultural sources commingled with urban stormwater, springs, water from crawl space pumps, footing drains, flows from riparian habitats and wetlands, discharges from emergency fire-fighting activities and any other water source not containing pollutants as approved by the director.
2. The following discharges are prohibited unless the stated conditions are met:
a. Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4.
b. Discharges from swimming pools shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4.
c. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. The amount of wash and dust control water shall be minimized to the maximum extent practical. At active construction sites, street washing is prohibited per BGMC 18.255.070(A).
d. Individual residential car wash water. Car washing activities shall be performed over grass or other pervious surface if possible. If performed over impervious surface, wash water shall be directed away from storm inlets. The city will provide public education and technical assistance to encourage BMPs for residential car washing to prevent these discharges from entering the municipal storm sewer system.
e. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a SWPPP reviewed by the director, which addresses control of such discharges.
3. Dye testing is an allowable discharge, but requires notification to be given to the department prior to the time of the test.
4. The prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency; provided, that 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 for any discharge to the storm drain system. (Ord. 20-07 § 1 (part), 2020: Ord. 09-10 § 6, 2009)
13.126.070 Prohibition of illicit connections.
A. The construction, use, maintenance or continued existence of illicit connections to the storm drain 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 to the MS4, or allows such a connection to continue. (Ord. 09-10 § 7, 2009)
13.126.080 Suspension due to illicit discharges in emergency situations.
A. The department may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. Such a suspension order shall contain the information set forth in Chapter 20.100 BGMC, and shall be in full force and effect until the enforcement agent determines that sufficient compliance has been achieved to warrant removal of the order. If the violator fails to comply with a suspension order issued in an emergency, the department may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
B. Suspension orders may be appealed to the hearing examiner pursuant to BGMC 17.200.140, but shall remain in effect until lifted or successfully appealed. (Ord. 09-10 § 8, 2009)
13.126.090 Suspension due to the detection of illicit discharge.
A. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The department will notify a violator of the proposed termination of its MS4 access.
B. Suspension orders may be appealed to the hearing examiner pursuant to BGMC 17.200.140, but shall remain in effect until lifted or successfully appealed.
C. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this chapter, without the prior approval of the department. (Ord. 09-10 § 9, 2009)
13.126.100 Industrial or construction activity discharges.
Any person subject to an industrial or construction activity, NPDES stormwater discharge permit, or a city-approved erosion control plan shall comply with all provisions of said document. Proof of compliance with said document may be required in a form acceptable to the department prior to the allowing of discharges to the MS4. (Ord. 09-10 § 10, 2009)
13.126.110 Access to facilities premises.
A. The city shall have the right to enter any premises or facility that is a user of the city’s municipal separate storm sewer system to ascertain whether the city’s NPDES Phase II Municipal Permit or order issued by the Washington State Department of Ecology is being met and whether the user is complying with all requirements thereof.
1. In emergency situations as defined in BGMC 13.126.080 the enforcement agent shall be given immediate access to the premises in question.
2. In nonemergency situations the enforcement agent shall give twenty-four hours’ notice to the owner or operator of the premises before entering and inspecting the premises. The owner or operator of the premises shall have the option to waive this twenty-four-hour notice.
B. During the premises inspection, the enforcement agent shall be given ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that determine compliance with this chapter, and the performance of any additional duties as defined by state and federal law. Premises owners, occupiers, and their agents shall allow the city or its authorized agent or inspector ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
C. The department shall have the right to set up on any premises such devices as are necessary in the opinion of the department to conduct monitoring and/or sampling of the discharge to the MS4 from the premises.
D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the owner at the written or oral request of the enforcement agent and shall not be replaced. The costs of clearing such access shall be borne by the owner.
E. Refusal or unreasonable delays in allowing the enforcement agent access to any area to perform functions authorized under this chapter shall be grounds for termination of service, and enforcement as authorized by this chapter.
F. If the enforcement agent has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the department may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 20-07 § 1 (part), 2020: Ord. 09-10 § 11, 2009)
13.126.113 Requirements to prevent, control, and reduce stormwater pollutants by the use of best management practices.
The Stormwater Management Manual for Western Washington sets forth approved best management practices (BMPs). The owner or operator of an institutional, commercial, or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses with these structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. (Ord. 20-07 § 1 (part), 2020)
13.126.117 Watercourse protection.
Every person owning or leasing property through which a watercourse passes shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or significantly slow the flow of water through the watercourse. In addition, the owner or lessee shall maintain privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 20-07 § 1 (part), 2020)
13.126.120 Notification of spills.
A. Notwithstanding other requirements of law, as soon as any person responsible for a premises or operation, or responsible for emergency response for a premises or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the storm drain system, or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.
B. In the event of such a release of hazardous materials said person shall immediately notify the department and emergency response agencies of the occurrence via emergency dispatch services (911).
C. In the event of a release of nonhazardous materials, said person shall notify the department in person or by phone or facsimile no later than the next business day.
D. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the department within three business days of the phone notice.
E. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. (Ord. 09-10 § 12, 2009)
13.126.130 Enforcement—Written warning.
A. In addition or as an alternative to any other judicial or administrative remedy provided herein, in BGMC Title 20, or by law, the enforcement agent may, after investigation of the violation, issue a written warning to any person who creates or maintains a nuisance, violates any portion of this chapter, or rules and regulations adopted thereunder, or by each act of commission or omission procures, aids, or abets such a violation. All persons issuing written warnings shall be authorized by the planning director, city engineer, or building official and a list of those authorized maintained by the planning director, city engineer, or building official.
B. Requirements of Written Warning.
1. A written warning conforming to the requirements of this section may be used for all ordinance violations of this chapter which occur in the city of Battle Ground.
2. The written warning shall contain the following information or blanks in which such information is entered:
a. Incident number;
b. Name of the person receiving warning;
c. Name of the property owner;
d. Section of the ordinance or code violated;
e. A brief description of the violation in such manner as can be readily understood by a person making a reasonable effort to do so;
f. The date and place at which the violation occurred and the date on which the warning was issued;
g. The time period the person cited has to comply with the written warning;
h. The estimated cost of remediation that will be charged if written warning is not complied with;
i. The written warning shall contain a signature line, where the person receiving the citation can sign stating they have received the warning, but not admitting guilt. (Ord. 09-10 § 13, 2009)
13.126.140 Enforcement—Citation and cost of remediation.
A. In addition or as an alternative to any other judicial or administrative remedy provided herein, in BGMC Title 20, or by law, the enforcement agent may, after correction of the violation, issue a citation imposing a fee equal to the cost of remediation upon any person who creates or maintains a nuisance, violates any portion of this chapter, or rules and regulations adopted thereunder, or by each act of commission or omission procures, aids, or abets such a violation. All persons issuing citations shall be authorized by the planning director, city engineer, or building official and a list of those authorized maintained by the planning director, city engineer, or building official.
All citations assessed will be enforced and collected in accordance with the lien, personal obligation, and other procedures specified in this chapter, BGMC Title 20, or as authorized by law.
B. Cost of Remediation.
1. The cost of remediation assessed by the citation shall be the actual costs incurred by the city of Battle Ground to correct the violation and repair or correct any damages to public or private property or the environment. The cost of remediation will also include the costs of the administration of said remediation and any fines or penalties incurred by the city as a direct result of the violation.
C. Requirements of Citation.
1. A citation conforming to the requirements of this section may be used for all ordinance violations of this chapter which occur in the city of Battle Ground.
2. The citation shall contain the following information or blanks in which such information is entered:
a. Incident number;
b. Name of the person cited;
c. Name of the property owner;
d. Section of the ordinance or code violated;
e. A brief description of the violation of which the person is charged in such manner as can be readily understood by a person making a reasonable effort to do so;
f. The date and place at which the violation occurred and the date on which the citation was issued;
g. The place where the person cited can appeal to a hearing examiner and the time within which such appeal must be filed;
h. The cost of remediation of the violation;
i. The citation shall contain a certification to the effect that the enforcement agent certifies that he/she has reasonable grounds to believe, and does believe, that the person cited committed a violation of a city of Battle Ground ordinance;
j. The citation shall contain a signature line, where the person receiving the citation can sign stating they have received the citation, but not admitting guilt; and
k. In addition, the citation shall contain a notice to the person that the citation will be filed with the prosecuting attorney’s office.
3. The reverse side of the citation shall contain the following in a form substantially as follows:
READ CAREFULLY
You have been cited for a violation of a City of Battle Ground ordinance. You MUST do ONE of the following:
1. Mail to City of Battle Ground, Community Development Office, 109 SW 1st Street, Suite 127, Battle Ground, Washington 98604, this citation, together with a check or money order, payable to the City of Battle Ground, in the amount of the cost of remediation shown on this citation. THIS CITATION AND THE PAYMENT OF THE COST OF REMEDIATION MUST REACH THE PUBLIC WORKS OFFICE WITHIN THIRTY (30) DAYS OF THE DATE OF ISSUANCE OF THIS CITATION.
ADMISSION
I, the undersigned, do hereby ACCEPT RESPONSIBILITY for said violation as cited, WAIVE my right to an APPEAL HEARING, and agree to pay the cost of remediation prescribed for my violation.
____________________________________
(Defendant’s Name)
2. File an appeal by signing the REQUEST FOR APPEAL and returning it to City of Battle Ground, Community Development Department, 109 SW 1st Street, Suite 127, Battle Ground, Washington 98604, within ten days from the date of this citation. The Code Enforcement Office will then set a time for a hearing.
REQUEST FOR APPEAL
I, the undersigned, do hereby request an appeal hearing for the violation charged on the other side of this citation. I am requesting an appeal because I do not believe I am in violation of the cited ordinance for the following reason(s):
_____________________________________
(Appellant’s Name)
IF YOU FAIL TO COMPLY WITH THESE INSTRUCTIONS, A FINDING OF VIOLATION WILL BE ENTERED AND THE COST OF REMEDIATION MAY BE COLLECTED THROUGH THE LIEN PROCEDURE (BGMC 20.100).
IF YOU BELIEVE THE CITATION WAS WRITTEN IN ERROR AND WISH TO CONTACT SOMEONE IMMEDIATELY CALL (360) 342-5070 AND LEAVE A MESSAGE FOR THE ENFORCEMENT AGENT WHO WILL CONTACT YOU WITHIN 24 HOURS AND PROVIDE INFORMATION REGARDING THE VIOLATION OR APPEAL.
Regardless of whether or not you call, you must still pay the cost of remediation or appeal within thirty (30) days of the date of issuance of this citation.
D. Appeals. Citations may be appealed to the hearing examiner pursuant to BGMC 17.200.140.
E. The planning director, city engineer, or building official is authorized to enter into negotiations with the parties, or their legal representatives, named in an enforcement action involving any provision of this chapter for the collection of the cost of remediation, to negotiate a settlement, payment plan, compromise, or suspension, when to do so will be in the best interests of the city; provided, that a report shall be submitted to the city council in any instance where a compromise settlement is negotiated. (Ord. 09-10 § 14, 2009)