Chapter 13.35
WATER QUALITY – PROHIBITED DISCHARGES

Sections:

13.35.005    Purpose.

13.35.010    Definitions.

13.35.020    Discharges into City of Ferndale waters.

13.35.030    Department of Ecology Manual adopted.

13.35.040    Administration and enforcement.

13.35.050    Suits for abatement and injunctive relief.

13.35.060    Construction – Intent.

13.35.005 Purpose.

The purpose of this chapter is to protect the City’s surface and ground water 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 regulates the discharge of contaminants into surface water, ground water, and the City’s stormwater system, and outlines preventive measures to restrict contaminants from entering such waters. The Ferndale City Council finds this chapter is necessary to protect the health, safety and welfare of the residents of Ferndale 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 USC 1251 et seq., and the state’s water pollution control statute, Chapter 90.48 RCW. In addition, this chapter is necessary for compliance with the City’s municipal stormwater permit. In meeting the intent of the Clean Water Act and Chapter 90.48 RCW, 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. 2010 § 1, 2017; Ord. 1782 § 1, 2013; Ord. 1636 § 1, 2011; Ord. 1537, 2009)

13.35.010 Definitions.

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

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

B.    “City” means the municipality of the City of Ferndale.

C.    “City’s stormwater system” means the stormwater conveyance system operated by the City of Ferndale, including all pipes, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, and storm drains used for collecting and conveying stormwater.

D.    “Clean Water Act” means 33 USC 1251 et seq., as amended.

E.    “Contaminant” means any alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or any liquid, gaseous, solid, or radioactive substance that, if discharged to surface water or ground water, will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life. Contaminants include, but are not limited to, the following:

1.    Trash and debris;

2.    Construction materials;

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

4.    Anti-freeze 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, and bases;

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

11.    Degreasers and solvents;

12.    Drain cleaners;

13.    Pesticides, herbicides, and fertilizers;

14.    Cleaning wastes;

15.    Soaps, detergents, and ammonia;

16.    Swimming pool backwash;

17.    Chlorine, bromine, and other disinfectants;

18.    Heated water;

19.    Human and animal wastes;

20.    Sewage;

21.    Recreational vehicle waste;

22.    Animal carcasses;

23.    Food and food wastes;

24.    Bark and other fibrous materials;

25.    Collected lawn clippings, leaves, and branches;

26.    Silt, sediment, and gravel;

27.    Dyes, except as provided in FMC 13.35.020(C)(1);

28.    Industrial process wastewater; and

29.    Any hazardous material or waste not listed above.

F.    “Director” means the Director of the City of Ferndale Department of Public Works, other department directors specified in enforcement procedures established in accordance with this chapter, or any designee of any such director.

G.    “Discharge” means the addition of any contaminant to surface water, ground water, or the City’s stormwater system.

H.    “Ground water” 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, within the jurisdiction of the City of Ferndale.

I.    “Municipal stormwater permit” means the Phase II Western Washington municipal stormwater permit issued to the City of Ferndale, including all future amendments and reissuances of such permit.

J.    “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.

K.    “National Pollutant Discharge Elimination System 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.

L.    “Permit” means any written authorization required from the City for any land disturbance or grading.

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

N.    “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.

O.    “Stormwater Management Manual for Western Washington (Stormwater Manual)” means this Manual, as prepared by and updated by the Department of Ecology, which contains best management practices (BMPs) to prevent, control or treat pollution in stormwater and reduce other stormwater-related impacts to waters of the state and shall be interpreted to mean the current edition. The term shall refer to subsequent editions of the Stormwater Manual when issued by the Department of Ecology. The Low Impact Development Technical Guidance Manual for Puget Sound (December 2012) (LID Guidance Manual) shall be considered a portion of the Stormwater Manual.

P.    “Surface water” means lakes, rivers, ponds, streams, inland waters, saltwaters, wetlands, and all other surface waters and water courses within the jurisdiction of the City of Ferndale.

Q.    “Water quality standards” means the standards adopted by the Washington Department of Ecology in Chapters 173-200, 173-201A, and 173-204 WAC, and any water quality criteria or standards adopted by the Environmental Protection Agency that apply within the state of Washington. (Ord. 2010 § 1, 2017; Ord. 1782 § 1, 2013; Ord. 1636 § 1, 2011; Ord. 1537, 2009)

13.35.020 Discharges into City of Ferndale waters.

A.    Prohibited Discharges.

1.    It is unlawful for any person to discharge any contaminants into surface water, ground water, or the City’s stormwater system if such discharge will cause or contribute to a violation of (a) water quality standards, or (b) the City’s municipal stormwater permit.

2.    It is unlawful for any person to discharge into the City’s stormwater system anything but the following:

a.    Any substance that is not composed entirely of stormwater;

b.    Diverted stream flows;

c.    Rising ground waters;

d.    Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));

e.    Uncontaminated pumped ground water;

f.    Foundation drains;

g.    Air conditioning condensation;

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

i.    Springs;

j.    Uncontaminated water from crawl space pumps;

k.    Footing drains;

l.    Flows from riparian habitats and wetlands;

m.    Nonstormwater discharges authorized by another NPDES or state waste discharge permit other than the City’s municipal stormwater permit; and

n.    Discharges from emergency fire fighting activities in accordance with authorized discharges under the City’s municipal stormwater permit.

B.    Allowable Discharges. Provided, that the stated conditions are met, the following discharges to the City’s stormwater system are not prohibited unless the Director of Public Works determines that the discharge, whether singly or in combination with other discharges, is causing significant contamination of surface water or ground water, or is causing a violation of the City’s municipal stormwater permit:

1.    Potable water, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges of potable water 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 City’s stormwater system;

2.    Lawn watering and other irrigation runoff;

3.    Dechlorinated swimming pool discharges. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the City’s stormwater system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the City’s stormwater system;

4.    Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents; provided, however, that at active construction sites, street sweeping must be performed prior to washing the street; and

5.    Other types of discharges as determined by the Director of Public Works.

C.    Exceptions.

1.    Dye testing is allowable but requires verbal notification to the City of Ferndale Public Works Department at least one day prior to the date of test. The Health Department is exempt from this requirement. (Ord. 2010 § 1, 2017; Ord. 1782 § 1, 2013; Ord. 1636 § 1, 2011; Ord. 1537, 2009)

13.35.030 Department of Ecology Manual adopted.

Compliance with this chapter shall be achieved through the use of the best management practices described in the Stormwater Manual, or such additional measures as may be necessary to achieve compliance. The Stormwater Manual, as amended by Sections 1 through 6 of Appendix 1 of the City’s municipal stormwater permit, is hereby adopted as the City’s technical stormwater reference manual. (Ord. 2010 § 1, 2017; Ord. 1782 § 1, 2013; Ord. 1636 § 1, 2011; Ord. 1537, 2009)

13.35.040 Administration and enforcement.

A.    The Director is authorized to implement the provisions of this chapter, including enforcement. The Director of Public Works will coordinate the implementation and enforcement of this chapter with other City of Ferndale departments as appropriate.

B.    The City may initially rely on education and informational assistance to gain compliance with this chapter; however, such education and informational assistance shall not be a prior condition to an enforcement action.

C.    All permits issued by the City will include a written advisory on the permit, or provided with the permit, referencing the need to control erosion, runoff, drainage, and stormwater during land disturbance activities. Such writing shall constitute education and informational assistance, and no further education or information shall be required prior to any enforcement action.

D.    Any law enforcement officer, the City Administrator, or the City’s Public Works Director, or the designee of any of them (“enforcement person”) is authorized to enforce this chapter in accordance with the procedures set forth in Chapter 1.12 FMC.

E.    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 a civil penalty and all persons who are determined to have violated this chapter are jointly and severally liable for the purposes of civil penalties.

F.    Any 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 water or ground water as set forth in this chapter. (Ord. 2010 § 1, 2017; Ord. 1819 § 14, 2013; Ord. 1817 § 2, 2013; Ord. 1782 § 1, 2013; Ord. 1636 § 1, 2011; Ord. 1537, 2009)

13.35.050 Suits for abatement and injunctive relief.

In addition to, or as an alternative to, any penalty provided herein or by law, whenever the enforcement person determines a violation to exist, the City may proceed in addition to any other remedy provided herein to enjoin and abate the same. (Ord. 2010 § 1, 2017; Ord. 1819 § 14, 2013)

13.35.060 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 from which a prohibited discharge occurs. Nothing contained in this chapter is intended to be or shall be construed to create or form a basis for liability for the City, Department, its officers, employees or agents for any injury or damage resulting from the failure of the person holding title to the property from which a prohibited discharge occurs 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. 2010 § 1, 2017; Ord. 1819 § 14, 2013; Ord. 1782 § 1, 2013; Ord. 1636 § 1, 2011; Ord. 1537, 2009. Formerly 13.35.090)