Chapter 13.20
STORM WATER ILLICIT DISCHARGE DETECTION AND ELIMINATION
Sections:
13.20.030 Responsibility for administration.
13.20.040 Discharge prohibitions.
13.20.050 Compliance monitoring.
13.20.080 Violations, enforcement, and penalties.
13.20.090 Cost of abatement of the violation.
13.20.100 Remedies not exclusive.
13.20.110 Compatibility with other regulations.
13.20.120 Ultimate responsibility.
13.20.010 Purpose.
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the city of East Wenatchee through the regulation of non-storm water 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 purposes of this chapter are:
A. To maintain and improve the quality of surface water and groundwater within the city.
B. To prohibit illicit connections and discharges to the MS4.
C. To prevent the discharge of contaminated storm water runoff from industrial, commercial, residential, and construction sites into the municipal separate storm sewer system (MS4) and natural waters within the city.
D. To establish legal authority to regulate the contribution of pollutants to the MS4 through inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this chapter.
E. To promote public awareness of the hazards involved in the improper discharge of hazardous substances, petroleum products, household hazardous waste, industrial waste, sediment from construction sites, pesticides, herbicides, fertilizers, and other contaminants into the storm sewers of the city.
F. To enable the city to comply with all federal and state laws and regulations applicable to its NPDES permit for storm water discharges. (Ord. 09-14 § 5 (App. B), 2009)
13.20.020 Applicability.
This chapter shall apply to all discharges entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by this chapter. (Ord. 09-14 § 5 (App. B), 2009)
13.20.030 Responsibility for administration.
The director of the public works department is authorized to administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the city may be delegated by the public works director to persons or entities acting in the beneficial interest of or in the employ of the city. (Ord. 09-14 § 5 (App. B), 2009)
13.20.040 Discharge prohibitions.
A. Prohibition of Illicit Discharges and Exceptions. Except as provided below, all discharges which are not composed entirely of storm water are illicit discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge either directly or indirectly into the MS4 any pollutants or waters containing any pollutants, other than storm water. The commencement, conduct or continuance of any illicit discharge 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:
a. Diverted stream flows;
b. Rising ground waters;
c. Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
d. Uncontaminated pumped ground water;
e. Foundation drains;
f. Air conditioning condensation;
g. Irrigation water from agricultural sources that is commingled with urban storm water;
h. Springs;
i. Uncontaminated water from crawl space pumps;
j. Footing drains;
k. Flows from riparian habitats and wetlands;
l. Emergency firefighting activities but not from activities not related to firefighting such as the maintenance or cleaning of firefighting equipment.
2. The prohibitions in this chapter shall not apply to any non-storm water discharge permitted under an NPDES permit issued to the discharger and administered under the authority of the Washington State Department of Ecology; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system by the city.
3. The following non-storm water discharges shall not be considered illegal discharges for the purposes of this chapter if they meet the stated 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:
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 lawn watering and other irrigation runoff shall be kept to a minimum and shall not cause damage to public streets or sidewalks;
c. Swimming pool, hot tub, and spa discharges shall be dechlorinated to a total residual chlorine 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. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash are prohibited from discharge to the MS4;
d. Street and sidewalk wash water, water used to control dust, and routine external building wash down shall not contain soaps or detergents and shall be kept to a minimum. Practices shall be implemented prior to washing to reduce pollutants entering the MS4 including but not limited to sweeping, picking up litter and controlling velocity of discharge.
e. Other non-storm water discharges shall be in compliance with the requirements of a storm water pollution prevention plan reviewed by the city which addresses control of such discharges.
4. The non-storm water discharges from the sources listed above shall be considered illicit discharges if the director determines that the type of discharge, whether singly or in combination with others, is causing or contributing to a violation of the city’s NPDES storm water permit or is causing or contributing to a water quality problem, such as those which contain more contamination than typical discharges in the city, or which contain a type of contamination that is more toxic or is otherwise a more serious problem than typical discharges in the city.
B. Prohibition of Illicit Connections.
1. The construction, use, maintenance or continued existence of illicit connections to the storm drain 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 the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
4. Improper connections in violation of this chapter must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or the sanitary sewer system upon approval of the city.
C. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the city requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the city. (Ord. 19-09 § 5, 2019; Ord. 09-14 § 5 (App. B), 2009)
13.20.050 Compliance monitoring.
A. Right of Entry – Inspection and Sampling. The director shall be permitted to enter and inspect premises subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter.
1. The director shall be allowed ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
2. The director shall have the right to set up on any premises such devices as are necessary to conduct monitoring and/or sampling of discharges from the site.
3. The director has the right to require the owner or operator to install monitoring equipment as necessary. The sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator. All devices used to measure flow and quality shall be calibrated to ensure accuracy.
4. Any temporary or permanent obstruction to safe and easy access to the premises shall be promptly removed by the owner or operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the owner of the premises.
B. Search Warrants. If the director has been refused access to any part of the premises from which a discharge has occurred or is likely to occur, and the director 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 city may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 09-14 § 5 (App. B), 2009)
13.20.060 Requirement to prevent, control, and reduce storm water pollutants by the use of best management practices.
The owner or operator of such activity, operation, or facility which may cause or contribute to pollution or contamination of storm water or the storm drainage system shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of structural and nonstructural BMPs. Further, any person responsible for a property or premises that 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 MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water, to the extent practicable, shall be deemed compliance with the provisions of this section. (Ord. 09-14 § 5 (App. B), 2009)
13.20.070 Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility 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 storm water, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence. In the event of a release of nonhazardous materials, said person shall notify the city’s public works department in person or by phone, email or facsimile. (Ord. 09-14 § 5 (App. B), 2009)
13.20.080 Violations, enforcement, and penalties.
A. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the city is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city is authorized to seek costs of the abatement in accordance with EWMC 8.20.120.
B. Enforcement. Enforcement action shall be taken in accordance with the provisions of Chapter 8.20 EWMC.
C. Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, cleanup, or other alternative actions deemed appropriate by the city.
D. Suspension of MS4 Access.
1. Emergency Cease and Desist Orders. When the city finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the city may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
a. Immediately comply with all chapter requirements; and
b. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge. Any person notified of an emergency order directed to it under this subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the city may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
2. Suspension Due to Illicit Discharges in Emergency Situations. The city 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. If the violator fails to comply with a suspension order issued in an emergency, the city 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.
3. Suspension Due to the Detection of Illicit Discharge. 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. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the city. (Ord. 09-14 § 5 (App. B), 2009)
13.20.090 Cost of abatement of the violation.
The owner of the property or person responsible for the violation will be notified of the cost of abatement, including administrative costs. Payment in full shall be due within 30 days and on the thirty-first day interest may be applied at a rate of eight percent per annum. After 90 days, if payment in full has not been received, a lien may be filed on the property and foreclosed as provided in Chapter 35.67 RCW. The director may approve a payment plan of equal payments evenly spaced over no more than 12 months. (Ord. 09-14 § 5 (App. B), 2009)
13.20.100 Remedies not exclusive.
The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. The city may recover all attorneys’ fees, court costs and other expenses associated with enforcement of this chapter, including but not limited to sampling and monitoring expenses. (Ord. 09-14 § 5 (App. B), 2009)
13.20.110 Compatibility with other regulations.
This chapter is not intended to modify or repeal any other chapter, rule, regulation, or other provision of law. The requirements of this chapter are in addition to the requirements of any other chapter, rule, regulation, or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (Ord. 09-14 § 5 (App. B), 2009)
13.20.120 Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. (Ord. 09-14 § 5 (App. B), 2009)