Chapter 16.25
WATER QUALITY

Sections:

16.25.005    Purpose.

16.25.015    Definitions.

16.25.025    Illicit discharges into Lake Forest Park waters.

16.25.035    Stormwater Pollution Prevention Manual.

16.25.045    Administration.

16.25.050    Enforcement.

16.25.060    Hazards.

16.25.070    Criminal penalty.

16.25.080    Civil penalties for water quality.

16.25.090    Construction – Intent.

Statutory provisions for water pollution control – See Chapter 90.48 RCW.

16.25.005 Purpose.

The purpose of this chapter is to protect the city’s surface and groundwater quality by providing minimum requirements for reducing and controlling the discharge of contaminants. The city council recognizes that water quality degradation can result either directly from one discharge or through the collective impact of many small discharges. Therefore, this chapter prohibits the discharge of contaminants into surface and stormwater and groundwater, and outlines preventive measures to restrict contaminants from entering such waters. These measures include the implementation of best management practices (BMPs) by the residents of Lake Forest Park.

The city council finds this chapter is necessary to protect the health, safety and welfare of the residents of Lake Forest Park and the integrity of the city’s resources for the benefit of all by: minimizing or eliminating water quality degradation; preserving and enhancing the suitability of waters for recreation, fishing, and other beneficial uses; and preserving and enhancing the aesthetic quality and biotic integrity of the water. The city council recognizes that implementation of this chapter is required under the federal Clean Water Act, 33 U.S.C. 1251 et seq. In meeting the intent of the Clean Water Act the city council also recognizes the importance of maintaining economic viability while providing necessary environmental protection and believes this chapter helps achieve both goals. (Ord. 1000 § 1, 2009)

16.25.015 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

A. “AKART” means “all known, available and reasonable methods of prevention, control and treatment.” “AKART” represents the most current methodology that can be reasonably required for preventing, controlling or abating the pollutants associated with a discharge. “AKART” applies to both point and nonpoint sources of pollution.

B. “Best management practices” or “BMPs” mean the best available and reasonable physical, structural, managerial or behavioral activities, that, when used singly or in combination, eliminate or reduce the contamination of both surface and groundwaters.

C. “Chapter” means this chapter and any administrative rules and regulations adopted to implement this chapter.

D. “Clean Water Act” means 33 U.S.C. 1251 et seq., and any subsequent amendments thereto.

E. “Director” means the Lake Forest Park city public works director, other department directors specified in enforcement procedures established in accordance with this chapter, or any of their designees.

F. “Discharge” means throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, run or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted or poured into water.

G. “Drainage facility” means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. “Drainage facility” includes, but is not limited to, a constructed or engineered stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility, erosion and sediment control facility and other structure and appurtenance that provides for drainage.

H. “Groundwater” means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir or other body of surface water, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves

I. “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.

J. “Illicit discharge” means any direct or indirect non-stormwater discharge to the city’s storm drain system, except as expressly allowed by this chapter.

K. “Illicit connection” means any manmade conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

L. “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 the city of Lake Forest Park;

2. Designed or used for collecting or conveying stormwater;

3. Which is not part of a publicly owned treatment works (POTW). “POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned; and

4. Which is not a combined sewer. “Combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.

M. “Non-stormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.

N. “National Pollutant Discharge Elimination System” or “NPDES” means the national program for controlling pollutants from point source discharges directly into waters of the United States under the Clean Water Act.

O. “National Pollutant Discharge Elimination System (NPDES) permit” means an authorization, license or equivalent control document issued by the Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program.

P. “Person” means an individual and his or her agent or assign, municipality, political subdivision, government agency, partnership, corporation, business or any other entity.

Q. “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 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 wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

R. “Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

S. “Source control BMP” means a BMP intended to prevent contaminants from entering surface and stormwater or groundwater including the modification of processes to eliminate the production or use of contaminants. “Source control BMPs” can be either structural or nonstructural. Structural source control BMPs involve the construction of a physical structure on site, or other type of physical modification to a site. An example of a structural source control BMP is building a covered storage area. A nonstructural source control BMP involves the modification or addition of managerial or behavioral practices. An example of a nonstructural source control BMP is using less toxic alternatives to current products or sweeping parking lots.

T. “State waste discharge permit” means an authorization, license, or equivalent control document issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC.

U. “Storm drainage system” means publicly owned facilities, including the city’s municipal separate storm sewer system, 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 humanmade or altered drainage channels, reservoirs, and other drainage structures.

V. “Stormwater” or “surface water” means water originating from rainfall and other precipitation that is found on ground surfaces and in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, wetlands, and shallow groundwater.

W. “Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

X. “Stormwater Pollution Prevention Manual” means the manual adopted in LFPMC 16.25.035, and supporting documentation referenced or incorporated in the manual, describing best management practices and procedures for existing facilities and existing and new activities not covered by the Surface Water Design Manual.

Y. “Treatment BMP” means a BMP intended to remove contaminants once they are already contained in stormwater. Examples of treatment BMPs include oil/water separators, biofiltration swales and wetponds. (Ord. 1000 § 1, 2009)

16.25.025 Illicit discharges into Lake Forest Park waters.

A. Illicit Discharges and Connections.

1. It is unlawful for any person to discharge any contaminants into surface and stormwater, the storm drainage system, groundwater or Lake Washington. Contaminants that, if discharged, would constitute an illicit discharge 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, heating oil;

d. Antifreeze and other automotive products;

e. Metals in either particulate or dissolved form;

f. Flammable or explosive materials;

g. Radioactive material;

h. Batteries;

i. Acids, alkalis, or bases;

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

k. Degreasers and solvents;

l. Drain cleaners;

m. Pesticides, herbicides or fertilizers;

n. Steam cleaning wastes;

o. Soaps, detergents or ammonia;

p. Swimming pool backwash;

q. Chlorine, bromine and other disinfectants;

r. Heated water;

s. Domestic animal wastes;

t. Sewage;

u. Recreational vehicle waste;

v. Animal carcasses;

w. Food wastes;

x. Bark and other fibrous materials;

y. Collected lawn clippings, leaves or branches;

z. Silt, sediment or gravel;

aa. Dyes, except as stated in subsection (D) of this section;

bb. Chemicals not normally found in uncontaminated water;

cc. Any other process-associated discharge except as otherwise allowed in this section;

dd. Any hazardous material or waste not listed above;

ee. Spa and hot tub discharges that are not thermally controlled.

2. Illicit Connections. Any connection identified by the director that could convey anything not composed entirely of surface and stormwater directly to surface and stormwater or groundwater is considered an illicit connection and is prohibited with the following exceptions:

a. Connections conveying allowable discharges;

b. Connections conveying discharges pursuant to an NPDES permit, other than an NPDES stormwater permit, or a state waste discharge permit; and

c. Connections conveying effluent from on-site sewage disposal systems to subsurface soils.

B. BMPs shall be applied to any business or residential activity that might result in prohibited discharges as specified in the Stormwater Pollution Prevention Manual or as determined necessary by the director. Activities that might result in prohibited discharges include but are not limited to following:

1. Potable water line flushing;

2. Lawn watering with potable water;

3. Dust control with potable water;

4. Automobile and boat washing;

5. Pavement and building washing;

6. Swimming pool and hot tub maintenance;

7. Auto repair and maintenance;

8. Building repair and maintenance;

9. Landscape maintenance;

10. Hazardous waste handling;

11. Solid and food waste handling; and

12. Application of pesticides.

C. The following types of discharges shall not be considered illicit discharges for the purpose of this chapter unless the director determines that the type of discharge, whether singly or in combination with other discharges, is causing significant contamination of surface and stormwater or groundwater:

1. Spring water;

2. Diverted stream flows;

3. Uncontaminated water from crawl space pumps, foundation drains or footing drains;

4. Lawn watering with potable water or collected rainwater;

5. Pumped groundwater flows that are uncontaminated;

6. Materials placed as part of an approved habitat restoration or bank stabilization project;

7. Natural uncontaminated surface water or groundwater;

8. Flows from riparian habitats and wetlands;

9. The following discharges from boats: engine exhaust; cooling waters; effluent from sinks; showers and laundry facilities; and treated sewage from Type I and Type II marine sanitation devices;

10. Collected rainwater that is uncontaminated;

11. Uncontaminated groundwater that seeps into or otherwise enters stormwater conveyance systems;

12. Air conditioning condensation;

13. Irrigation water from agricultural sources that is commingled with stormwater runoff; and

14. Other types of discharges as determined by the director.

D. Dye testing is allowable but requires verbal notification to the Lake Forest Park city engineer at least one day prior to the date of test. The King County department of public health is exempt from this requirement.

E. A person does not violate subsection A of this section if:

1. That person has properly designed, constructed, implemented and is maintaining BMPs and is carrying out AKART as required by this chapter, but contaminants continue to enter surface and stormwater or groundwater; or

2. That person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site.

3. A person who, under subsection (E)(1) of this section, is not in violation of subsection A of this section is liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs or other discharges that allow contaminants to enter surface and stormwater or groundwater.

4. Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter in order to avoid an imminent threat to public health or safety, shall be exempt from this section. The director by public rule may specify actions that qualify for this exception in city procedures. A person undertaking emergency response activities shall take steps to ensure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence.

F. The public works department shall initiate an investigation within 21 days, or refer to the appropriate agency within seven days, of any reported or discovery of a suspected illicit connection. The public works department shall respond to all illicit discharges, including spills, which are determined to constitute a threat to human health, welfare or the environment. All known illicit connections to a system of conveyance owned by the city or state shall be eliminated. (Ord. 1149 § 3, 2016; Ord. 1000 § 1, 2009)

16.25.035 Stormwater Pollution Prevention Manual.

A. Stormwater Pollution Prevention Manual Adopted. The 2009 King County Stormwater Pollution Prevention Manual, as now existing and as may be amended in the future, is hereby adopted by reference.

B. Compliance with this chapter shall be achieved through the use of the best management practices described in the Stormwater Pollution Prevention Manual. In applying the Stormwater Pollution Prevention Manual, the director shall first require the implementation of source control BMPs. If these are not sufficient to prevent contaminants from entering surface and stormwater or groundwater, the director may require implementation of treatment BMPs as set forth in AKART. The Lake Forest Park public works department will provide, upon reasonable request, available technical assistance materials and information, and information on outside financial assistance options to persons required to comply with this chapter.

C. Persons implementing BMPs through another federal, state or local program will not be required to implement the BMPs prescribed in the Stormwater Pollution Prevention Manual, unless the director determines the alternative BMPs are ineffective at reducing the discharge of contaminants. If the other program requires the development of a stormwater pollution prevention plan or other best management practices plan, the person shall make the plan available to Lake Forest Park upon request. Persons who qualify for exemptions include, but are not limited to, persons:

1. Required to obtain a general or individual NPDES permit from the Washington State Department of Ecology;

2. Implementing BMPs in compliance with the management program of the city’s municipal NPDES permit; or

3. Identified by the director as being exempt from this section.

D. Wherever the Stormwater Pollution Prevention Manual uses the phrase: “the County,” “Department of Development and Environmental Services” (DDES) or “Water and Land Resources Division” (WLRD), it shall be deemed to refer to city of Lake Forest Park public works department or their designee. Wherever the manual uses the phrase “King County,” it shall be deemed to refer to Lake Forest Park. (Ord. 1000 § 1, 2009)

16.25.045 Administration.

The director is authorized to implement the provisions of this chapter. To do so, the director is authorized to promulgate and adopt administrative rules and regulations following the procedures specified in LFPMC 16.26.240. The director will coordinate the implementation and enforcement of this chapter with other departments of the city of Lake Forest Park. (Ord. 1000 § 1, 2009)

16.25.050 Enforcement.

A. The director is authorized to carry out enforcement and/or abatement actions pursuant to applicable provisions of Lake Forest Park Municipal Code, including but not limited to Chapters 1.16, 1.25 and 8.12 LFPMC, LFPMC 16.25.080, and such other provisions as may be adopted by the Lake Forest Park city council.

B. The director shall gain compliance with this chapter by requiring the implementation of BMPs and, when necessary, AKART.

C. The director, in consultation with other departments of the city of Lake Forest Park, shall develop and implement additional enforcement procedures. These procedures shall indicate how the city will investigate and respond to reports or instances of noncompliance with this chapter and shall identify by title the official(s) responsible for implementing the enforcement procedures.

D. The director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.

1. The director may observe best management practices or examine or sample surface and stormwater or groundwater as often as may be necessary to determine compliance with this chapter. Whenever an inspection of a property is made, the findings shall be recorded and a copy of the inspection findings shall be furnished to the owner or the person in charge of the property after the conclusion of the investigation and completion of the inspection findings.

2. When the director has made a determination that any person is violating this chapter, the director may require the violator to sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance with sampling and analytical procedures or requirements determined by the director. If the violator is required to complete this sampling and analysis, a copy of the analysis shall be provided to the city engineer.

E. In addition to any other penalty or method of enforcement, the prosecuting attorney may bring actions for injunctive or other relief to enforce this chapter. (Ord. 1130 § 13, 2016; Ord. 1000 § 1, 2009)

16.25.060 Hazards.

Whenever the director determines that any violation of this chapter poses a hazard to public health, safety, or welfare; endangers any property; or adversely affects the safety and operation of city right-of-way, utilities, and/or other property owned or maintained by the city; the person holding title to the subject property, and/or other person or agent in control of said property, upon receipt of notice in writing from the director shall within the period specified therein address the cause of the hazardous situation in conformance with the requirements of this chapter.

Notwithstanding any other provisions of this chapter, whenever it appears to the director that conditions covered by this chapter exist requiring immediate action to protect the public health and/or safety, the director is authorized to enter at all times in or upon any such property, public or private, for the purpose of inspecting and investigating such emergency conditions. The director may without prior notice order the immediate discontinuance of any activity leading to the emergency condition. Any person who fails to comply with such order shall be guilty of a misdemeanor. (Ord. 1000 § 1, 2009)

16.25.070 Criminal penalty.

Any person who willfully violates an order issued pursuant to LFPMC 16.25.050 or 16.25.060 for which a criminal penalty is not prescribed by state law shall be guilty of a misdemeanor. (Ord. 1000 § 1, 2009)

16.25.080 Civil penalties for water quality.

The enforcement provisions for water quality are intended to encourage compliance with this chapter. To achieve this, violators will be required to take corrective action and comply with the requirements of this chapter, and may be required to pay a civil penalty for the redress of ecological, recreational, and economic values lost or damaged due to their unlawful action.

A. The provisions in this section are in addition to and not in lieu of any other penalty, sanction or right of action provided by law.

B. Any person in violation of this chapter shall be subject to civil penalties assessed as follows:

1. An amount reasonably determined by the director to be equivalent to the economic benefit the violator derives from the violation as measured by: the greater of the resulting increase in market value of the property or business value received by the violator, or savings of construction or retrofitting costs realized by the violator performing any act in violation of this chapter; and

2. An amount, not to exceed $25,000, that is reasonably based upon the nature and gravity of the violation and the cost to the city of enforcing this chapter against the violator.

C. Any person who, through an act of commission or omission, aids or abets in a violation shall be considered to have committed the violation for the purposes of the civil penalty.

D. Each violator is jointly and severally liable for a violation of this chapter. The director may take enforcement action, in whole or in part, against any violator. The decisions whether to take enforcement action, what type of action to take, and which person to take action against, are decisions entirely within the director’s discretion, which shall be exercised based upon the director’s consideration of the following factors:

1. The violator’s awareness of the violation;

2. The violator’s ability to correct the violation;

3. The violator’s cooperation with government agencies;

4. The degree of impact or potential threat to water or sediment quality, human health, or the environment.

In the event more than one person is determined to have violated the provisions of this chapter, all applicable civil penalties may be imposed against each person, and recoverable damages, costs, and expenses may be allocated among the persons.

E. The director may engage in mitigation discussions with the violator. The director may reduce the penalties based upon one or more of the following mitigating factors:

1. The person responded to city attempts to contact the person and cooperated with efforts to correct the violation;

2. The person showed due diligence and/or substantial progress in correcting the violation; or

3. An unknown person was the primary cause of the violation. Payment of a monetary penalty pursuant to this chapter does not relieve the person of the duty to correct the violation.

F. All civil penalties recovered during the enforcement of this chapter shall be deposited into a fund of the department taking the enforcement action and shall be used for the protection of surface and stormwater or groundwater as set forth in this chapter, through education or enhanced implementation. (Ord. 1000 § 1, 2009)

16.25.090 Construction – Intent.

This chapter is enacted as an exercise of the city’s power to protect and preserve the public health, safety and welfare. Its provision shall be exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. This chapter is not enacted to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

The primary obligation of compliance with this chapter is placed upon the person holding title to the property. Nothing contained in this chapter is intended to be or shall be construed to create or form a basis for liability for the city, the department, its officers, employees or agents for any injury or damage resulting from the failure of the person holding title to the property to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter by the city, department, its officers, employees or agents. (Ord. 1000 § 1, 2009)