Chapter 7.14
ILLICIT DISCHARGES

Sections:

7.14.010    Purpose.

7.14.020    Definitions.

7.14.030    Applicability.

7.14.040    Entry onto premises.

7.14.050    Prohibited discharges.

7.14.060    Allowable discharges.

7.14.070    Conditional discharges.

7.14.080    Illicit connections prohibited.

7.14.090    Suspension of discharge access to MS4.

7.14.100    Inspections.

7.14.110    Reinspections.

7.14.120    Monitoring of discharges.

7.14.130    Requirements to prevent, control, and reduce stormwater pollutants by the use of BMPs.

7.14.140    Industrial or construction activity discharges.

7.14.150    Violations and enforcement.

7.14.010 Purpose.

The purpose of this chapter is to prevent nonstormwater from entering the city of Kent municipal separate storm sewer system (“MS4”) to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the 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;

B. To prohibit illicit connections and discharges to the MS4;

C. To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter; and

D. To mitigate impacts to water quality as a result of increased runoff due to urbanization, correct or mitigate existing water quality problems related to stormwater, and to help restore and maintain the chemical, physical, and biological integrity of the city’s waters for the protection of beneficial uses, including salmonid habitat and aquifer recharge.

(Ord. No. 3916 § 3, 6-2-09)

7.14.020 Definitions.

As used in this chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this section, unless a different meaning is plainly required.

A. 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 the MS4. 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.

B. Clean Water Act (CWA) means the federal Water Pollution Control Act (33 U.S.C. 1251, et seq.), and any subsequent amendments thereto.

C. Construction activity means land-disturbing operations including clearing, grading or excavation which disturbs the surface of the land. Such activities may include road construction, construction of residential houses, office buildings, or industrial buildings, and demolition activity.

D. Director means the city of Kent public works director.

E. Groundwater means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.

F. Hazardous material 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.

G. Hyperchlorinated means water that contains more than ten (10) mg/liter chlorine. Disinfection of water mains and appurtenances requires a chlorine residual of ten (10) mg/liter at the end of the disinfection period.

H. Illicit discharge means any direct or indirect nonstormwater discharge to the MS4, except as expressly exempted by this chapter.

I. Illicit connections means any conveyance that is connected to the MS4 without a permit, excluding roof drains and foundation drains. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. Illicit connections allow an illicit discharge to enter the MS4 and include, but are not limited to, any conveyances which allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the MS4; any connections to the MS4 from indoor drains and sinks, regardless of whether such drain or connection was previously allowed, permitted, or approved by an authorized enforcement agency; 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 city or another agency of government duly authorized to give such approvals.

J. Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).

K. Municipal separate storm sewer system (MS4) means a conveyance, or system of conveyances; including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains:

1. Owned or operated by a state, city, town, county, district, port, or other public body created by or pursuant to state law having jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the state;

2. Designed or used for collecting or conveying stormwater;

3. Which is not a combined sewer; and

4. Which is not part of a publicly owned treatment works (“POTW”) as defined at 40 CFR 122.2.

L. 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 U.S.C. 1342(b), that authorizes the discharge of pollutants to waters of the state, whether the permit is applicable to an individual, group, or general area-wide basis.

M. Nonstormwater discharge means any discharge to the MS4 that is not composed entirely of stormwater.

N. Owner/operator means any person or entity with an ownership interest or control over real property on which a violation of this chapter occurs, any person or entity participating in any activity regulated by this chapter, and any person or entity participating in any violation of this chapter.

O. 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, so that the same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous materials 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.

P. Premises means any real property or interest in real property and any improvement upon real property.

Q. RCW means the state Revised Code of Washington. It is the compilation of all permanent state laws now in force.

R. Sanitary sewage means domestic wastewater including flushed toilet water, water from dishwashers, clothes washing machines, and any other used water that generally is disposed of down interior household drains.

S. Sanitary sewer system means a conveyance, or system of conveyances, which is designed to convey domestic wastewater.

T. Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

U. Stormwater pollution prevention plan means a document which describes the BMPs and activities to be implemented by an owner/operator or business to identify sources of pollution or contamination at a site, and the actions to eliminate or reduce pollutant discharges to stormwater, the MS4, and/or receiving waters.

V. Waters of the state means those waters as defined as “waters of the United States” in 40 CFR 122.2 within the geographic boundaries of the state of Washington and “waters of the state” as defined in Chapter 90.48 RCW, which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington.

W. Water quality standards means the Water Pollution Control Act, as defined herein; Surface Water Quality Standards – Chapter 173-201A WAC; Ground Water Quality Standards – Chapter 173-200 WAC; and Sediment Management Standards – Chapter 173-204 WAC. The water quality standards are established to sustain public health and public enjoyment of the waters and the propagation and protection of fish, shellfish, and wildlife.

X. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from any premises.

(Ord. No. 3916 § 3, 6-2-09)

7.14.030 Applicability.

This chapter shall apply to all owners/operators as defined herein.

(Ord. No. 3916 § 3, 6-2-09)

7.14.040 Entry onto premises.

With the consent of the owner/operator of any premises or pursuant to a lawfully issued warrant, the director may enter any premises at any reasonable time to perform the duties imposed by this chapter.

(Ord. No. 3916 § 3, 6-2-09)

7.14.050 Prohibited discharges.

A. No owner/operator shall discharge or cause an illicit discharge of 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 as herein defined, to enter into the MS4 or watercourses.

B. Prohibited discharges include but are not limited to the following list, provided for informational purposes only, of common substances which are illicit discharges when discharged to the MS4:

1. Solid waste, trash or debris;

2. Human and animal waste;

3. Petroleum products including but not limited to oil, gasoline, grease, fuel, oil, and heating oil;

4. Antifreeze and other automotive products;

5. Flammable or explosive materials;

6. Radioactive material;

7. Construction materials;

8. Batteries;

9. Acids, alkalis, or bases;

10. Paints, stains, resins, lacquers, or varnishes;

11. Metals in excess of naturally occurring amounts, whether in liquid or solid form;

12. Solvents and degreasers;

13. Drain cleaners: commercial and household cleaning materials;

14. Pesticides, herbicides, or fertilizers;

15. Ink;

16. Steam-cleaning waste;

17. Laundry waste, soap, detergent, and ammonia;

18. Domestic or sanitary sewage;

19. Animal carcasses;

20. Food and food waste including fats, oils, and grease (FOG);

21. Recreational vehicle waste;

22. Swimming pool or spa filter backwash;

23. Chlorine, bromine, or other disinfectants;

24. Heated water;

25. Yard waste, dirt, sand, and gravel;

26. Bark and other fibrous materials;

27. Collected lawn clippings, leaves, or branches;

28. Silt, sediment, concrete, cement, or gravel;

29. Dyes, except as permitted by KCC 7.14.060;

30. Chemicals not normally found in uncontaminated water;

31. Chlorinated swimming pool or hot tub water except as permitted by KCC 7.14.070;

32. Discharges from potable water sources which may include but are not limited to: water line flushing, hyperchlorinated water line flushing, fire hydrant flushing, and pipeline hydrostatic test water, except as permitted by KCC 7.14.070;

33. Any other process-associated discharge except as otherwise allowed in this chapter; or

34. Any hazardous material or waste not listed above.

(Ord. No. 3916 § 3, 6-2-09)

7.14.060 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:

A. Diverted stream flows;

B. Rising groundwaters;

C. Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20);

D. Uncontaminated pumped groundwater water;

E. Foundation drains discharging clean stormwater only;

F. Air conditioning condensation;

G. Irrigation water from agricultural sources that is commingled with urban stormwater;

H. Springs;

I. Water from crawl space pumps discharging clean stormwater only;

J. Footing drains discharging clean stormwater only;

K. Flows from riparian habitats and wetlands;

L. Nonstormwater discharges covered by another NPDES permit;

M. Discharges from emergency fire fighting activities; or

N. Dye testing using environmental friendly products for the purpose of testing or tracing source pollution is allowable but requires verbal notification to the city prior to the time of testing.

(Ord. No. 3916 § 3, 6-2-09)

7.14.070 Conditional discharges.

The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the stated conditions, 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:

A. 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, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the MS4;

B. Lawn watering and other irrigation runoff are permitted but shall be minimized;

C. Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the MS4;

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; or

E. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan reviewed by the city which addresses such discharges.

(Ord. No. 3916 § 3, 6-2-09)

7.14.080 Illicit connections prohibited.

No owner/operator shall connect a conveyance system which was not constructed or intended to convey precipitation runoff, or which has been converted from such usage to another use, to the MS4 or groundwater infiltration system. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. 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. An owner/operator is considered to be in violation of this chapter if the owner/operator connects a line conveying sanitary sewage to the MS4 or allows such a connection to continue.

(Ord. No. 3916 § 3, 6-2-09)

7.14.090 Suspension of discharge access to MS4.

As permitted by applicable law, the city may suspend MS4 access to an owner/operator when such suspension is necessary to stop an actual or threatened discharge which is or would be prohibited under this chapter.

(Ord. No. 3916 § 3, 6-2-09)

7.14.100 Inspections.

A. The director may establish inspection programs to ensure compliance with the requirements of this chapter and to accomplish its purposes. Inspection programs may be established on any reasonable basis including, but not limited to, routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants, inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the city’s NPDES stormwater permit, and joint inspections with other agencies inspecting under environmental or safety laws.

B. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, and material or water in the MS4; and evaluating the condition of the MS4 and other BMPs.

(Ord. No. 3916 § 3, 6-2-09)

7.14.110 Reinspections.

It shall be the duty of the owner/operator to notify the director that violations have been corrected, and to request a reinspection. The director may require that such request for reinspection be filed one (1) working day before such inspection. It shall be the duty of the owner/operator to provide safe access to and means for inspection of any corrective work.

(Ord. No. 3916 § 3, 6-2-09)

7.14.120 Monitoring of discharges.

As permitted by applicable law, the city shall conduct or cause to be conducted monitoring and/or sampling of the stormwater discharge from any premises, and may recover the costs of so doing from the owner/operator of the premises.

(Ord. No. 3916 § 3, 6-2-09)

7.14.130 Requirements to prevent, control, and reduce stormwater pollutants by the use of BMPs.

The owner/operator engaging in industrial activity shall provide, at owner/operator’s expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and nonstructural BMPs. Further, any owner/operator responsible for premises, which are, or may be, the source of an illicit discharge, may be required to implement, at owner/operator’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

(Ord. No. 3916 § 3, 6-2-09)

7.14.140 Industrial or construction activity discharges.

Any owner/operator subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with such permit may be required in a form acceptable to the city prior to allowing discharge to the MS4 and failure to comply with the provisions of such permit will constitute a violation of this chapter.

(Ord. No. 3916 § 3, 6-2-09)

7.14.150 Violations and enforcement.

Whenever the city finds that an owner/operator has violated or failed to meet a requirement in any provision of this chapter, the city may pursue the code enforcement procedures set forth in Ch. 1.04 KCC. Any violation of this chapter that is deemed by the director to be a threat or potential threat to the public health, safety and welfare may be abated as a nuisance or pursuant to any other applicable local, state or federal law or regulation. Regulation under this chapter shall not serve as a shield to any action under other applicable laws or regulations of the city, state, or United States.

(Ord. No. 3916 § 3, 6-2-09)